2013 No. 3138 (W. 311)
Housing, Wales

The Housing Renewal Grants (Amendment) (Wales) (No. 2) Regulations 2013

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 30, and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 19961, transferred to the National Assembly for Wales2 and now vested in them3 make the following Regulations.

Title, commencement and application1.

(1)

The title of these Regulations is the Housing Renewal Grants (Amendment) (Wales) (No.2) Regulations 2013 and they come into force on 29 January 2014.

(2)

These Regulations apply in relation to Wales.

Amendment of the Housing Renewal Grants Regulations 19962.

(1)

The Housing Renewal Grants Regulations 19964 are amended in accordance with paragraphs (2) to (6).

(2)

In regulation 2(1)5 (interpretation) at the appropriate place insert—
““armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 20116;”.

(3)

In regulation 19 (treatment of child care charges)7—

(a)

after paragraph (3)(d)(viii) insert—

“(ix)

armed forces independence payment;”;

(b)

omit “or” at the end of paragraph (8)(b)(iii); and

(c)

after paragraph (8)(b)(iv) insert—

“; or

(v)

in respect of whom armed forces independence payment is payable.”

(4)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premiums) after “disability living allowance” insert “, armed forces independence payment”;

(b)

in paragraph 13 (severe disability premium)—

(i)

in sub-paragraph (2)(a)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(ii)

in sub-paragraph (2)(b)(i) after “section 78(3) of the 2012 Act8” insert “or armed forces independence payment”; and

(iii)

after sub-paragraph (5)(c) insert—

“; or

(d)

a person receiving armed forces independence payment”;

(c)

in paragraph 13A (enhanced disability premium)9, after sub-paragraph (c) insert—

“; or

(d)

armed forces independence payment is payable,”;

(d)

in paragraph 14 (disabled child premium), after sub-paragraph (1)(d) insert—

“; or

(e)

is a young person who is in receipt of armed forces independence payment”; and

(e)

in paragraph 15(2)(b) (carer premium)10 after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”.

(5)

In Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)11—

(a)

in paragraph 7 (severe disability premium)—

(i)

in sub-paragraph (2)(a)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(ii)

in sub-paragraph (2)(b)(i) after “section 78(3) of the 2012 Act” insert “or armed forces independence payment”;

(iii)

after sub-paragraph (5)(c) insert—

“or

(d)

a person receiving armed forces independence payment”;

(b)

in paragraph 8 (enhanced disability premium) after sub- paragraph (b) insert—

“or

(c)

in respect of a young person, armed forces independence payment is payable,”;

(c)

in paragraph 9 (disabled child premium) after sub- paragraph (1)(d) insert—

“; or

(e)

is a young person in receipt of armed forces independence payment.”

(6)

In Schedule 3 (sums to be disregarded in the determination of income other than earnings), in paragraph 5, after “disability living allowance” insert “, armed forces independence payment”.

Carl Sargeant
Minister for Housing and Regeneration, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make consequential amendments to the Housing Renewal Grants Regulations 1996 to deal with the impact of armed forces independence payment on means testing for receipt of disabled facilities grants.

These include: amendments concerning the reduction of assessed income to take account of child care payments, amendments concerning the entitlement to certain premiums where disabled persons or members of their household are in receipt of armed forces independence payment, and an amendment to disregard armed forces independence payment in calculating income other than earnings.

Armed forces independence payment applies to the disabled child premium where the young person concerned is old enough to be employed in the armed forces.