The Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1993

Capital to be disregarded

29.  In Schedule 4–

(a) in paragraph 5–

(i) following the words “or in part” there are inserted the words “as his only or main residence”; and

(ii) in sub-paragraph (b), the words “as his only or main residence” are omitted;

(b) in paragraph 9, sub-paragraph (2) is omitted;

(c) for paragraph 19 there is substituted–

“19.   Any payment made by a local authority in accordance with section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children).”;

(d) for paragraph 24 there is substituted–

“24.— (1) Any payment made under any of the Macfarlane Trusts, the Independent Living Fund or the Fund.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–

(a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–

(a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Macfarlane Trusts or the Fund.”;

(e) in paragraph 29, the words “or personal” are inserted before the word “pension”;

(f) in paragraph 31, after the words “the Macfarlane (Special Payments) Trust” there are inserted the words “, the Macfarlane (Special Payments) (No. 2) Trust or the Fund”;

(g) in paragraph 32(1), for the words “under section 2(4)(c)” there are substituted the words “under either of those sections”;

(h) at the end of paragraph 35 there are added the words “or reduction of council tax either under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).”;

(i) the following paragraphs are added after paragraph 40(2)

“41.   Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.

42.   Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.

43.   Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.

44.   Any council tax benefit.”(3).

(1)

Paragraph 32 was amended by S.I. 1991/897.

(2)

Paragraph 40 was inserted by S.I. 1991/897.

(3)

(1973 c. 50, section 2 of which was substituted by section 25(1) of the Employment Act 1988 (c. 19); 1944 c. 10; 1958 c. 33.