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The National Assembly for Wales, 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 1996[1] and now vested in the National Assembly for Wales[2], makes the following Regulations: Title, commencement and application 1. —(1) The title of these Regulations is the Housing Renewal Grants (Amendment) (Wales) Regulations 2006 and they come into force on 20 October 2006. (2) These Regulations apply to applications for grant which fall to be approved on or after 20 October 2006 by local housing authorities in Wales. Interpretation 2. In these Regulations—
(b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man.
Modification of the 1996 Regulations
(1) The applicable amount of a relevant person who has attained or whose partner has attained the qualifying age for state pension credit is the aggregate of such of the following amounts as apply in that case—
(b) an amount in respect of any child or young person who is a member of that person's family, determined in accordance with paragraph 2 of that Schedule; (c) if that person is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of that Schedule (family premium); (d) the amount of any premiums which may be applicable to that person, determined in accordance with Parts III and IV of that Schedule.
(2) In Schedule 1A, "additional spouse" means a spouse of either party to a marriage who is additional to the other party to the marriage.".
(3) After Schedule 1, insert— 1. The amount specified in the second column of the table below in respect of each person or couple specified in the first column is the amount specified for the purposes of regulation 14(1)(a)—
2. —(1) The amounts specified in the second column of the table below in respect of a person specified in the first column, are the relevant period specified in the first column, the amounts specified for the purpose of regulation 14(1)(b)—
(2) In column (1) of the table above, "the first Monday in September" means the Monday which first occurs in the month of September in the relevant year. 3. —(1) The amount for the purposes of regulation 14(1)(c) and (d) in respect of a family of which at least one member is a child or young person is £16.10. (2) The amount specified in sub-paragraph (1) is increased by £10.50 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child's first birthday does not fall on a Monday that child is treated as under the age of one year until the first Monday after their first birthday. 4. The amounts specified in Part IV are the premiums applicable to relevant persons who satisfy a condition specified in paragraphs 7 to 10 of this Part in respect of a particular premium. 5. Subject to paragraph 6, where a relevant person satisfies a condition in respect of more than one premium in this Part, only one premium is applicable to that person and if the premiums which would (apart from this provision) be applicable are of different amounts, only the higher or highest of these applies. 6. The following premiums, namely—
(b) an enhanced disability premium to which paragraph 8 applies, (c) a disabled child premium to which paragraph 9 applies, and (d) a carer premium to which paragraph 10 applies
are applicable in addition to any other premium which may apply under this Schedule.
(ii) that person has no non-dependants aged 18 or over normally residing there or with whom that person is normally residing, and (iii) a carer's allowance under section 70 of the 1992 Act is not in payment to any person in respect of caring for that person;
(b) in the case of a relevant person who has a partner—
(ii) the relevant person's partner is also in receipt of such an allowance or, if the relevant person is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and (iii) the relevant person has no non-dependants aged 18 or over normally residing there or with whom the relevant person is normally residing, and either a carer's allowance is payable to someone in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all of the partners of the marriage; or else such an allowance is not in payment to anyone in respect of caring for either member of a couple or any partner of a polygamous marriage.
(3) Where a relevant person has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner is treated for the purposes of sub-paragraph (2) as if that partner was not a partner of the relevant person.
(b) a person who has ceased to be registered as blind on regaining their eyesight is nevertheless to be treated as blind and as satisfying the condition of being so registered for a period of 28 weeks following the date on which they ceased to be so registered.
(5) For the purposes of sub-paragraphs (2)(a)(ii) and (2)(b)(ii), no account is taken of—
(b) a person who is blind or is treated as blind within the meaning of sub-paragraph (4).
Enhanced disability premium
(b) is blind or treated as blind within the meaning of paragraph 7(4); or (c) is a child or young person in respect of whom section 145A of the 1992 Act applies for the purposes of entitlement to child benefit, but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the relevant person's applicable amount immediately before the death of that child.
(2) In paragraph (1), "patient" means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-patients) Regulations 1975.
(b) the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer's allowance.
this paragraph is treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
(b) where head (a) above does not apply, the date on which that person who was entitled to a carer's allowance ceases to be entitled to it.
(4) For the purpose of this paragraph, a person is treated as being entitled to and in receipt of a carer's allowance for any period not covered by an award but in respect of which payment is made in lieu of an award.
(b) after the definition of "council tax benefit", insert the following definition—
(b) a man and woman who are not married to each other but are living together as husband and wife; (c) two people of the same sex who are civil partners of each other and are members of the same household; (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.";
(c) in the definition of "dwelling", for "qualifying park home" substitute "caravan";
(ii) in paragraph (a), omit the words "married or unmarried"; and
(h) omit the definition of "unmarried couple".
Regulation 5
(1) Subject to paragraph (2), in respect of any application for a grant a relevant person is any person who—
(b) is the partner, or a partner, of the disabled occupant or of one of the disabled occupants and is not a child or young person; and
is not the parent or guardian of a disabled child or young person who lives or intends to live in the dwelling or, as the case may be, a flat in the building.
Regulation 10
(ii) for "£69.92" substitute "£73.32";
(b) in paragraph 2(aa)(ii) omit "married or unmarried" and "(within the meaning of the State Pension Credit Act 2002)".
Regulation 12
(ii) in sub-paragraph (b), for "39.94" substitute "38.73"; (iii) in sub-paragraph (c), for "159.76" substitute "154.93"; (iv) in sub-paragraph (d), for "399.41" substitute "387.33";
(b) in paragraph (2)—
(ii) in sub-paragraph (b), for "22.53" substitute "22.41"; (iii) in sub-paragraph (c), for "90.13" substitute "89.66"; (iv) in sub-paragraph (d), for "225.32" substitute "224.15".
Regulation 14
(ii) the words "or that child or young person" at the end;
(b) omit paragraph (2);
(b) the income and capital of that member must be calculated in accordance with the following provisions of this Chapter and Chapters V to IX in like manner as for the relevant person.";
(d) after paragraph (3), add—
Regulation 18
(ii) in sub-paragraph (b), for "£140" substitute "£300".
Regulation 19
(ii) for sub-paragraph (c), substitute—
(ii) is an in-patient in hospital; or (iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).";
(b) after paragraph (1), insert—
(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the 1992 Act; (c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987; or (d) is credited with earnings on the grounds of incapacity for work under regulation 8B of the Social Security (Credits) Regulations 1975.
(1B) This paragraph applies to a person who was in remunerative work immediately before—
(b) the first day of the period in respect of which earnings are credited, as the case may be.
(1C) In case to which paragraph 1A(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.";
(ii) after sub-paragraph (b), add—
(d) in paragraph (7)—
(ii) at the end add—
(g) in schools or establishments which are exempted from registration under Part XA of the Children Act 1989 by virtue of paragraph 1 or 2 of Schedule 9A to that Act; or (h) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002.";
(e) in paragraph (9), in sub-paragraph (b) for "incurred" substitute "is incurring", and omit "in that week";
(ii) in sub-paragraph (c), before "tax credit" in the first place in which it occurs, insert "child care element of working";
(g) in paragraph (9B), omit sub-paragraph (b).
Regulation 25
(b) in sub-paragraph (b), for "£340" substitute "£343".
Schedule 1
(b) in sub-paragraph (1)(b), for "£54.65" substitute "£56.20"; (c) in sub-paragraph (2)(a), for "£43.25" substitute "£44.50"; (d) in sub-paragraph (2)(b), for "£54.65" substitute "£56.20"; (e) in sub-paragraph (3)(a), for "£65.30" substitute "£67.15"; and (f) in sub-paragraph (3)(b), for "£85.75" substitute "£88.15".
(3) In paragraph 2, in the column headed "(2) Amount", in sub-paragraphs (a) and (b) for "£38.50" substitute "£43.88"[13].
(b) in each of sub-paragraphs (1)(b), (2)(b) and (3)(b), for "£70.05" substitute "£78.90"; (c) in sub-paragraph (3A), for "£22.80" substitute "£25.85"; (d) in sub-paragraph (4)(a), for "£23.30" substitute "£23.95"; (e) in sub-paragraph (4)(b), for "£33.25" substitute "£34.20"; (f) in sub-paragraph (5)(a), for "£42.95" substitute "£45.50"; (g) in sub-paragraph (5)(b)(i), for "£42.95" substitute "£45.50"; (h) in sub-paragraph (5)(b)(ii), for "£85.90" substitute "£91.00"; (i) in sub-paragraph (6), for "£41.30" substitute "£43.89"; (j) in sub-paragraph (7), for "£25.10" substitute "£25.80"; (k) in sub-paragraph (8)(a), for "£16.60" substitute "£17.71"; (l) in sub-paragraph (8)(b), for "£11.40" substitute "£11.70"; and (m) in sub-paragraph (8)(c), for "£16.45" substitute "£16.90".
Schedule 2
(b) for sub-paragraph (2), substitute—
(b) the relevant person is, or if that person is a member of a couple at least one member of that couple is, aged 25 and is engaged in remunerative work for on average not less than 30 hours per week; (c) the relevant person is a member of a couple and—
(ii) their applicable amount includes a family premium under paragraph 3 of Schedule 1;
(d) the relevant person is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week;
(ii) where the relevant person is a member of such a couple, at least one member of that couple satisfies the qualifying conditions for the disability premium referred to in paragraph (i) above; or
(f) the relevant person is, or if that person is a member of a couple at least one member of that couple is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in that person's case.";
(c) for sub-paragraph (3)(c), substitute—
Schedule 3
(b) for the words from "entitled" to "2002", substitute "a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph".
(6) At the end add—
Schedule 4
(b) the death of a partner or close relative of the relevant person in, or as a result of, those attacks.
(2) In sub-paragraph (1), "the London Bombings Relief Charitable Fund" means the company limited by guarantee (number 5505072) and registered charity of that name established on 11 July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7 July 2005.".
23.
The Housing Renewal Grants (Amendment) (Wales) Regulations 2005[18] are revoked. (This note is not part of the Regulations) These Regulations amend the Housing Renewal Grants Regulations 1996 (S.I. 1996/2890) ("the 1996 Regulations"), which set out the means test for determining the amount of grant which may be paid by local housing authorities under Chapter 1 of Part 1 of the Housing Grants, Construction and Regeneration Act 1996. A change is made to the scope of the means test by regulation 6, substituting a new definition of "relevant person" in regulation 5 of the 1996 Regulations. This has the effect that the means test no longer applies where an application for grant is made by the parent or guardian of a disabled child or young person. Other amendments made by these Regulations are mostly consequential on changes to the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), upon which the means test in the 1996 Regulations is based. The main changes of this nature are as follows— Regulation 3 provides for the 1996 Regulations to have effect subject to modifications similar to some of those made for housing benefit by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325), where the 1996 Regulations apply in relation to relevant persons who have attained, or whose partners have attained, the qualifying age for state pension credit. Regulation 7 increases the amounts specified in regulation 10 of the 1996 Regulations, thus increasing the "applicable amount" for the purpose of determining the amount of grant payable. Regulation 8 uprates the loan generation factors for the purposes of regulation 12 of the 1996 Regulations, which determines the amount of reduction of grant in cases where the financial resources of the applicant or applicants for grant exceed the "applicable amount". Regulation 11 introduces, into regulation 17 of the 1996 Regulations, a disregard in respect of the income and capital of a child or young person, and regulations 15 and 16 make amendments consequential upon this. Regulation 12 increases the maximum deduction which may be made, in cases meeting certain conditions, in respect of average weekly relevant child care charges for the purpose of determination of income on a weekly basis under regulation 18 of the 1996 Regulations. Regulation 18 increases amounts specified in regulation 43 of the 1996 Regulations as sums to be excluded from a student's grant income where the student does not have a student loan. Regulation 19 uprates applicable amounts and premiums in Schedule 1 to the 1996 Regulations. Regulation 20 amends Schedule 2 to the 1996 Regulations to reflect changes made by the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2634). Paragraph 18 of Schedule 2 provides for the amount which is to be disregarded from earnings under that Schedule to be increased where certain conditions are satisfied as to the minimum number of hours each week in which the claimant or any partner is engaged in remunerative work. The minimum number of hours is reduced from 30 to 16, where the claimant is a lone parent, or where the claimant and partner are responsible for one or more children, or where the person engaged in the remunerative work is over the age of 50 or satisfies the condition for a disability premium. Regulation 21 makes amendments to Schedule 3 to the 1996 Regulations consequential upon the amendments made to the body of those Regulations. Regulation 22 amends Schedule 4 to the 1996 Regulations in particular to update the references to rules of Court and to add a provision disregarding, from the calculation of capital, certain amounts received by victims of the London bombings on 7 July 2005. Regulation 23 revokes the Housing Renewal Grants (Amendment) (Wales) Regulations 2005 (S.I. 2005/2605). A minor consequential amendment which does not derive from the housing benefit legislation is made by paragraph (c) of regulation 5. This amends regulation 2 of the 1996 Regulations to substitute, for the reference to "qualifying park home", a reference to "caravan" within the meaning given to that term by section 224 of the Housing Act 2004 (c.34), which amended the Housing Grants, Construction and Regeneration Act 1996. Other paragraphs of regulation 5 amend the interpretation of the 1996 Regulations to reflect the introduction of civil partnerships in the Civil Partnership Act 2004 (c.33). Notes: [1] 1996 c.53.back [2] The functions of the Secretary of State under these sections, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, to which there are amendments not relevant to these Regulations. Section 30 was amended by the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002, S.I. 2002/1860, article 11 and Schedule 3.back [3] S.I. 1996/2890. Relevant amending instruments include S.I. 1996/3119, S.I. 1997/977, S.I. 1997/2764, S.I. 1998/808, S.I. 1999/1523, S.I. 1999/3468 (W. 54), S.I. 2000/973 (W. 43), S.I. 2001/2073 (W. 145), S.I. 2001/4007 (W. 333), S.I. 2002/2798 (W. 266), S.I. 2004/253 (W. 28), S.I. 2005/2605 (W. 180).back [5] Paragraph (1) was last amended by S.I. 2004/253 (W. 28); other relevant amending instruments are S.I. 2002/2798 (W. 266), S.I. 2001/2073 (W. 145), S.I. 2000/973 (W. 43), S.I. 1999/1523, S.I. 1999/3468 (W. 54) and S.I. 1998/808.back [6] Regulation 5 is amended by S.I. 2005/2605 (W. 180).back [7] Regulation 10 is amended by S.I. 1998/808, S.I. 2000/973 (W. 43), and S.I. 2004/253 (W. 28) (by which these amounts were last amended).back [8] Regulation 12 is modified, for the purposes of section 134 of the Housing Grants, Construction and Regeneration Act 1996, by S.I. 1997/2764; and amended by S.I. 1997/977, S.I. 2002/2798 (W. 266), and S.I. 2004/253 (W. 28) (by which these amounts were last amended).back [9] Paragraph (1A) was inserted by S.I. 1998/808, and the amounts in that paragraph were substituted in relation to Wales by S.I. 2002/2798 (W. 266).back [10] Paragraph 1 was amended by S.I. 1998/808.back [11] Paragraph 3 was substituted in relation to Wales by S.I. 2002/2798 (W. 266), and these amounts were last amended by S.I. 2004/253 (W. 28).back [12] Relevant amending instruments include S.I. 1997/977, S.I. 1998/808, S.I. 1999/1523 (W. 54), S.I. 2001/2073 (W. 145), S.I. 2002/2798 (W. 266), and S.I. 2004/253 (W. 28).back [13] These amounts were last amended by S.I. 2004/253 (W. 28).back [14] This amount was last amended by S.I. 2004/253 (W. 28).back [15] These amounts were last amended by S.I. 2004/253 (W. 28).back [16] Relevant amending instruments include S.I. 1998/808, S.I. 1999/3468 (W. 54), and S.I. 2004/253 (W. 28).back [17] Paragraph 18 was substituted, in relation to Wales, by S.I. 2004/253 (W. 28).back [18] S.I. 2005/2605 (W. 180).back
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