Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 325

HOUSING

Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2000

Made

25th October 2000

Coming into operation

30th November 2000

The Department for Social Development(1), in exercise of the powers conferred by Article 47 of the Housing (Northern Ireland) Order 1992(2) and now exercisable by it(3) and of every other power enabling it in that behalf, with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2000 and shall come into operation on 30th November 2000.

Amendments

2.  The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1997(4) are amended in accordance with regulations 3 to 21.

Regulation 2

3.  In regulation 2(1) (interpretation) after “social fund payment”, insert—

““sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993(5) out of sums allocated to it for distribution under that section;”.

Regulation 3

4.  In regulation 3 (persons from abroad), after “or any of the applicants”, insert “or any person who is not an applicant but is entitled to make an application and lives or intends to live in the dwelling or, as the case may be, a flat in the building,”.

Regulation 6

5.  In regulation 6 (remunerative work)(6), after paragraph (7), add—

“(8) A person shall not be treated as engaged in remunerative work on any day on which that person is engaged in an activity in respect of which—

(a) a sports award has been made, or is to be made, to him; and

(b) no other payment is made or is expected to be made to him.”.

Regulation 9

6.  In regulation 9 (the applicable amount)(7), for paragraph (1)(b) substitute:

“(b) £50 or, where the application is for a disabled facilities grant to carry out works for the benefit of a disabled person who is a child or young person, £65.”.

Regulation 11

7.  In regulation 11 (reduction in amount of grant)(8)—

(a) in paragraph (a)(i), for “18·75” substitute “18·10”;

(b) in paragraph (a)(ii), for “37·50” substitute “36·20”;

(c) in paragraph (a)(iii), for “150·02” substitute “144·82”;

(d) in paragraph (a)(iv), for “375·04” substitute “362.04”;

(e) in paragraph (b)(i), for “10·87” substitute “10.65”;

(f) in paragraph (b)(ii), for “21·74” substitute “21·29”;

(g) in paragraph (b)(iii), for “86·95” substitute “85.18”;

(h) in paragraph (b)(iv), for “217·37” substitute “212·95”;

Regulation 17

8.  In paragraph (1A) of regulation 17(9) (determination of income on a weekly basis)—

(a) in sub-paragraph (a) for “£60” substitute “£70”; and

(b) in sub-paragraph (b) for “£100” substitute “£105”.

Regulation 23

9.—(1) At the end of paragraph (1) of regulation 23 (earnings of employed earners), add—

“(l) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with regulation 18(22) to (25) of the Social security (Contributions) Regulations (Northern Ireland) 1979(10);

(m) any amount, where a relevant person qualifies for the national minimum wage under section 1 of the National Minimum Wage Act 1998(11), which under section 17 of that Act that person shall be taken to be entitled to be paid under his contract as additional remuneration in respect of any pay reference period falling within 52 weeks immediately preceding the application.”.

(2) At the beginning of paragraph (2)(a), insert “subject to paragraph (3),”.

(3) After paragraph (2), add:—

“(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(l).

(4) In this regulation, “any pay reference period” means the period prescribed by the Secretary of State for Trade and Industry in regulations made under section 1(4) of the National Minimum Wage Act 1998.”.

Regulation 25

10.  After “in the relevant person’s care)” in paragraph (2) of regulation 25 (earnings of self-employed earners), insert “and also shall not include any sports award”.

Regulation 30

11.—(1) In regulation 30(6) (notional income)(12)—

(a) insert immediately before sub-paragraph (a)—

“(za) to a third party in respect of a single relevant person or a member of his family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single relevant person or, as the case may be, by that member;”;

(b) in sub-paragraph (a), after “shall” insert “, where it is not a payment referred to in sub-paragraph (za),”.

(2) In regulation 30(6A) after sub-paragraph (c), add—

“(d) made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—

(i) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980(13);

(ii) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

(iii) the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.”.

Regulation 37

12.—(1) In regulation 37(3) (notional capital)(14)—

(a) insert immediately before sub-paragraph (a)—

“(za) if made to a third party in respect of a single relevant person or a member of his family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single relevant person or, as the case may be, by that member;”;

(b) in sub-paragraph (a), after “shall” insert “, where it is not a payment referred to in sub-paragraph (za),”.

(2) In regulation 37(3A) after sub-paragraph (b), add—

“(c) made under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—

(i) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;

(ii) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

(iii) the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.”.

Regulation 40

13.  In regulation 40 (interpretation)—

(a) in the definition of “contribution”(15) after “grant” insert “or student loan”;

(b) after the definition of “student” insert—

““student loan” means a loan towards a student’s maintenance pursuant to any regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998(16), section 22 of the Teaching and Higher Education Act 1998 (17) or section 73 of the Education (Scotland) Act 1980(18);”;

(c) for the definition of “year” substitute—

““year”, in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.”.

Regulation 42

14.  In regulation 42 (determination of grant income)—

(a) in paragraph (2)(f)(19) omit the words from “or” to the end;

(b) for paragraph (3) substitute—

“(3) Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—

(a) the sum of £250 in respect of travel costs; and

(b) where no amount has been disregarded under sub-paragraph (2)(f), the sum of £303 towards the cost of books and equipment,

whether or not any such costs are incurred.”.

Regulation 44

15.  In regulation 44 (other amounts to be disregarded), after “(3)” insert “or 45(5).”.

Regulation 45

16.  In regulation 45 (treatment of student loans)—

(a) for paragraph (1) substitute—

“(1) A student loan shall be treated as income.”;

(b) for paragraph (3) substitute the following paragraphs—

“(3) A student shall be treated as possessing a student loan in respect of an academic year where—

(a) a student loan has been made to him in respect of that year; or

(b) he could acquire such a loan in respect of that year by taking reasonable steps to do so.

(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—

(a) in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to—

(i) the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so; and

(ii) any contribution whether or not it has been paid;

(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—

(i) he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and

(ii) no deduction in that loan was made by virtue of the application of a means test.

(5) There shall be deducted from the amount of a student’s loan income—

(a) the sum of £250 in respect of travel costs; and

(b) where no amount has been disregarded under regulation 42(2)(f), the sum of £303 towards the cost of books and equipment,

whether or not any such costs are incurred.”.

Regulation 46

17.  In regulation 46 (disregard of contribution), after “grant” insert “or the student’s loan”.

Regulation 46A

18.  In regulation 46A (further disregard of student’s income)(20), for “grant” substitute “student grant or student loan”.

Schedule 1

19.—(1) In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances)(21) in the column headed “(2) Amount”—

(a) in sub-paragraph 1(a), for “£40·70” substitute “£41·35”;

(b) in sub-paragraph 1(b), for “£51·40” substitute “£52·20”;

(c) in sub-paragraph 2(a), for “£40·70” substitute “£41·35”;

(d) in sub-paragraph 2(b), for “£51·40” substitute “£52·20”;

(e) in sub-paragraph 3(a), for “£61·35” substitute “£62·35”;

(f) in sub-paragraph 3(b), for “£80·65” substitute “£81·95”.

(2) In paragraph 2 of Part I of Schedule 1, for columns (1) and (2) of the table substitute the following columns—

“Column (1)	Column (2)
Child or Young Person	Amount
Person in respect of the period—
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	(a) £26·60
(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s nineteenth birthday.	(b) £31·75.”.

(3) In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium), for “£13·90” substitute “£14·25” and for “£22·05” substitute “£22·20”.

(4) In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), in the column headed “Amount”—

(a) in sub-paragraph (1)(a), for “£23·60” substitute “£26·25”;

(b) in sub-paragraph (1)(b), for “£35·95” substitute “£40·00”;

(c) in sub-paragraph (2)(a), for “£25·90” substitute “£28·65”;

(d) in sub-paragraph (2)(b), for “£39·20” substitute “£43·40”;

(e) in sub-paragraph (3)(a), for “£30·85” substitute “£33·85”;

(f) in sub-paragraph (3)(b), for “£44·65” substitute “£49·10”;

(g) in sub-paragraph (4)(a), for “£21·90” substitute “£22·25”;

(h) in sub-paragraph (4)(b), for “£31·25” substitute “£31·75”;

(i) in sub-paragraph (5)(a), for “£39·75” substitute “£40·20”;

(j) in sub-paragraph (5)(b)(i), for “£39·75” substitute “£40·20”;

(k) in sub-paragraph (5)(b)(ii), for “£79·50” substitute “£80·40”;

(l) in sub-paragraph (6), for “£21·90” substitute “£22·25”; and

(m) in sub-paragraph (7), for “£13·95” substitute “£14·15”.

Schedule 3

20.  In Schedule 3 (sums to be disregarded in the determination of income other than earnings)(22)—

(a) for paragraph 10, substitute—

“10.   Any—

(a) educational maintenance allowances payable under Article 50 of the Education and Libraries (Northern Ireland) Order 1986(23) (provision of awards by boards); or

(b) sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable under Article 50 of the Education and Libraries (Northern Ireland) Order 1986.”.

(b) in paragraph 18, after “that student’s award under those Articles” insert—

“or the student’s student loan,”;

(c) in sub-paragraph (1)(a) of paragraph 19, for “or grant” substitute “, student grant or student loan”;

(d) in paragraph 57, for “allowance” in the first place where it occurs, substitute “credit”.

(e) at the end, add—

“65.— (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear or household fuel of the relevant person or where the relevant person is a member of a family, any other member of his family, or any eligible rates or rent to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987(24) refers for which that relevant person or member is liable.

(3) For the purposes of sub-paragraph (2)—

(a) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

(b) “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;

(c) “rates or rent” means eligible rates or rent to which regulations 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refer, less any deductions in respect of non-dependants which fall to be made under regulation 63(25) of those Regulations.”.

Schedule 4

21.  At the end of Schedule 4 (capital to be disregarded)(26), add—

“57.— (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear or household fuel of the relevant person or, where the relevant person is a member of a family, any other member of his family, or any eligible rates or rent to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refers for which that relevant person or member is liable.

(3) For the purposes of sub-paragraph (2)—

(a) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

(b) “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;

(c) “rates or rent” means eligible rates or rent to which regulations 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refer, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations.”.

Application

22.  The amendments made by these Regulations shall not have effect in relation to applications for grant made before these Regulations come into force.

Sealed with the Official Seal of the Department for Social Development on 25th October 2000.

D. Crothers

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th October 2000.

D. Sterling

A senior officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997 (“the principal Regulations”) which set out the means test for determining the amount of renovation grant and disabled facilities grant which may be paid by the Housing Executive to owner-occupier and tenant applicants under Chapter I of Part III of the Housing (Northern Ireland) Order 1992.

Most of these amendments are consequential on changes to the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461).

Regulation 4 amends regulation 3 of the principal Regulations to provide that no grant is payable where a person who, though entitled to apply for a grant, has not applied, lives or intends to live in the property, and is a “person from abroad”.

Regulation 5 provides that a person shall not be treated as engaged in remunerative work when engaged in an activity for which a sports award is made.

Regulation 6 amends regulation 9 of the principal Regulations (the applicable amount) by increasing the applicable amount (which is an amount to be deducted from an applicant’s financial resources as part of the means test). The amendment provides for a larger amount for an application for disabled facilities grant to carry out works for the benefit of a child or young person.

Regulation 7 lowers the multipliers in regulation 11 of the principal Regulations (reduction in amount of grant).

Regulation 8 increases the maximum deduction for relevant childcare charges.

Regulation 9 provides that the earnings of an employee shall include:

• the amount of any non-cash voucher and

• any additional remuneration under the requirements of the National Minimum Wage Act 1998, where a person qualifies for the national minimum wage.

Regulation 10 provides that the earnings of self-employed earners shall not include the amount of a sports award.

Regulation 11 provides that a person’s notional income shall include the amount of that person’s pension which is paid to a third party except where that person is a trustee in bankruptcy or other person acting on behalf of creditors or where a bankruptcy order has been made or, in Scotland, the person’s estate is subject to sequestration.

Regulation 12 makes the equivalent provision in respect of notional capital to that made in regulation 11.

Regulation 13 amends regulation 40 of the principal Regulations to provide a definition of “student loan” and to substitute a revised definition of “year”.

Regulations 14, 15, 16, 17 and 18 make amendments to the principal Regulations concerning the treatment of student loans.

Regulation 19 uprates the applicable amounts and premiums in Schedule 1 to the principal Regulations.

Regulation 20 provides for the following to be disregarded in the calculation of a person’s income other than earnings:

• an educational maintenance allowance;

• certain payments to a student by a parent where the student is, or is not, in receipt of a student loan, and

• a sports award.

Regulation 21 provides for the payment of a sports award to be disregarded for the purposes of calculating a person’s capital.

Regulation 22 contains transitional provisions.

(1)

S.I. 1999/283 (N.I. 1) Article 3(1)

(2)

S.I. 1992/1725 (N.I. 15)

(3)

S.R. 1999 No. 481 Article 6(e) and Schedule 4 Part V

(4)

S.R. 1997 No. 456 as amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 No. 62

(5)

1993 c. 39

(6)

Regulation 6 was amended by S.R. 1999 No. 387

(7)

Regulation 9 was amended by S.R. 1998 No. 396

(8)

Regulation 11 was amended by S.R. 1998 No. 396 and S.R. 1999 No. 387

(9)

Regulation 17 was amended by S.R. 1998 No. 396

(10)

S.R. 1979 No. 186; paragraphs (22) to (25) were added by regulation 3(d) of S.R. 1999 No. 119

(11)

1998 c. 39

(12)

Regulation 30 was amended by S.R. 1998 No. 396 and S.R. 1999 No. 387

(13)

1980 c. 46

(14)

Regulation 37 was amended by S.R. 1998 No. 396 and S.R. 1999 No. 387

(15)

The definition of “contribution” was amended by S.R. 1999 No. 387

(16)

S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1st September 1998

(17)

1998 c. 30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the Education (Student Loans) Regulations 1998 (S.I. 1998/211)

(18)

1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1); see the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999.1001 (S. 71)) and the Education (Student Loans) Regulations 1998

(19)

Relevant amending instrument is S.R. 1998 No. 396

(20)

Regulation 46A was inserted by S.R. 1999 No. 387

(21)

Schedule 1 was amended by S.R. 1998 No. 396 and S.R. 1999 No. 387

(22)

Schedule 3 was amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 No. 62

(23)

S.I. 1986/594 (N.I. 3)

(24)

S.R. 1987 No. 461; the relevant amending regulations are S.R. 1988 No. 424, S.R. 1990 Nos. 297 and 442, S.R. 1993 Nos. 145 and 149 and S.R. 1996 No. 111

(25)

Regulation 63 was amended by S.R. 1989 No. 125, S.R. 1990 Nos. 136 and 345, S.R. 1992 Nos. 85, 404 and 549, S.R. 1993 Nos. 145, 195 and 233, S.R. 1996 No. 334, S.R. 1997 Nos. 3 and 113, S.R. 1998 No. 81 and S.R. 2000 No. 38

(26)

Schedule 4 was amended by S.R. 1998 No. 396 and S.R. 1999 No. 387