Statutory Instrument 1999 No. 1523

The Housing Renewal Grants (Amendment) Regulations 1999

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STATUTORY INSTRUMENTS

1999 No. 1523
HOUSING, ENGLAND AND WALES
The Housing Renewal Grants (Amendment) Regulations 1999

	Made	27th May 1999
	Laid before Parliament	9th June 1999
	Coming into force	30th June 1999

The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996[1], and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Regulations-

Citation and commencement
     1. These Regulations may be cited as the Housing Renewal Grants (Amendment) Regulations 1999 and shall come into force on 30th June 1999.

Amendment of the Housing Renewal Grants Regulations 1996
     2. The Housing Renewal Grants Regulations 1996[2] are amended in accordance with regulations 3 to 15.

Regulation 2
     3. In regulation 2(1) (interpretation)[3]-

" "the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;";

Regulation 7
4. In regulation 7 (remunerative work), after paragraph (6), insert-

" (6A) A person shall not be treated as engaged in remunerative work in any week in which he is participating in the intensive activity period (New Deal) programme.".

Regulation 12
5. In regulation 12 (reduction in amount of grant)[5]-

Regulation 31
6. In regulation 31 (notional income)[6]-

(b) in paragraph (10)-

Regulation 35
7. In regulation 35 (income treated as capital), at the end, add-

" (7) There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker's Allowance Regulations, but only in so far as those receipts were payable into a special account (as defined for the purposes of Chapter IVA of Part VIII of those Regulations) during the period in which that person was receiving such assistance.".

Regulation 38
8. In regulation 38 (notional capital)[10]-

(b) in paragraph (3), for the words from the beginning to "regulation 75(1)(b)(ii) of those Regulations" substitute "Any payment of capital, other than any of the payments referred to in paragraph (3A)";

(c) after paragraph (3) insert-

Regulation 39
     9. In regulation 39 (capital jointly held), for "to an equal share" to the end, substitute "to the whole beneficial interest in the asset in an equal share and the preceding provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the relevant person is treated as possessing as if it were actual capital which the relevant person does possess.".

Regulation 41
     10. In regulation 41 (interpretation), in the definition of "contribution", after "in respect of the income", insert "of a student or".

Regulation 43
     11. In regulation 43(2)(f) (determination of grant income)[11], for "Ł287", substitute "Ł295".

Insertion of regulation 47A
     12. At the end of regulation 47 (disregard of contribution), insert-

" Further disregard of student's income

47A.

Where any part of a student's income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student's income.".

Schedule 1
13. - (1) In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances)[12], in the column headed "(2) Amount"-

(2) In paragraph 2 of Part I of Schedule 1 (applicable amounts: personal allowances), in the column headed "(2) Amount"-

(3) For paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium), substitute-

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

Schedule 3
14. In Schedule 3 (sums to be disregarded in the determination of income other than earnings)[13]-

(b) for paragraph 24, substitute-

24.

26.

(2) A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to-

(d) in paragraph 31, for "paragraphs 12", substitute "paragraphs 12(1)";

(e) for paragraph 61, substitute-

61.

(f) at the end, add-

63.

    (2) Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker's Allowance Regulations.

     64. - (1) Subject to sub-paragraph (2), any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations.

    (2) No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student's attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 45 (other amounts to be disregarded).

     65. Any child care expenses reimbursed to the relevant person in respect of his participation in the intensive activity period (New Deal) programme but this paragraph does not apply to any part of any allowance under section 2(2)(d) of the Employment and Training Act 1973.

     66. Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the intensive activity period (New Deal) programme.".

Schedule 4
15. In Schedule 4 (capital to be disregarded)[18]-

52.

but only for a period of 52 weeks from the date of receipt of the payment.";

54.

55.

Any discretionary payment made pursuant to section 2 of the Employment and Training Act 1973 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker's Allowance Regulations but only for the period of 52 weeks from the date of receipt of that payment.

56.

Any child care expenses reimbursed to the relevant person in respect of his participation in the intensive activity period (New Deal) programme but only for a period of 52 weeks from the date of receipt of the payment.

57.

Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person's participation in the intensive activity period (New Deal) programme but only for a period of 52 weeks from the date of receipt of the payment.".

Application
16. - (1) The amendments made by these Regulations and the revocation in paragraph (2) shall not have effect in relation to applications for grant made before these Regulations come into force.

(2) Regulation 21(2) and (3) of the Housing Renewal Grants (Amendment) Regulations 1998[19] is revoked.

Signed by the authority of the Secretary of State for the Environment, Transport and the Regions

Nick Raynsford
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

24th May 1999

Signed by the authority of the Secretary of State for Wales

Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office

25th May 1999

We consent,

Jim Dowd

David Jamieson
Two of the Lords Commissioners of Her Majesty's Treasury

27th May 1999

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Part II of the Housing Renewal Grants Regulations 1996 ("the principal Regulations"), which sets out a means test for determining the amount of renovation grant and disabled facilities grant which may be paid by local authorities to owner-occupier and tenant applicants under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996.

The amendments reflect changes in housing benefit regulations, upon which the means test is based, and make minor and drafting changes.

Regulations 3 to 15 contain the amendments. In particular:

regulation 5 uprates the multipliers in regulation 12 of the principal Regulations (reduction in amount of grant);

regulation 6 provides for certain payments made to providers under the New Deal for unemployed persons ("New Deal") to be excluded from a person's notional income;

regulations 7, 8, 9 and 15 amend provisions in Chapter IX of Part II of, and Schedule 4 to, the principal Regulations (capital): regulation 7 provides that certain receipts of any commercial activity carried on by a New Deal participant shall be treated as a person's capital, regulation 8 provides that rehabilitation allowances and payments made to providers under the New Deal shall be excluded from a person's notional capital, and regulation 15 provides for certain payments made to New Deal participants to be disregarded for the purposes of calculating a person's capital;

regulations 10, 11 and 12 amend provisions in Chapter X of Part II of the principal Regulations (students) with respect to the assessment of a student's income;

regulation 13 uprates the applicable amounts and premiums in Schedule 1 to the principal Regulations;

regulation 14 provides for the following to be disregarded in the calculation of a person's income other than earnings-

Regulation 16 contains transitional provisions.

Notes:

[1] 1996 c. 53.back

[2] S.I. 1996/2890, amended by S.I. 1996/3119, 1997/977, 1998/808.back

[3] Regulation 2 was amended by S.I. 1998/808.back

[4] S.I 1998/2825.back

[5] Regulation 12 was amended by S.I. 1997/977, 1998/808.back

[6] Regulation 31 was amended by S.I. 1998/808.back

[7] 1994 c. 21.back

[8] 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1998 (c. 19) and then amended by Schedule 7 to the Employment Act 1989 (c. 38).back

[9] Regulation 17A was inserted by S.I. 1998/1274.back

[10] Regulation 38 was amended by S.I. 1998/808.back

[11] Regulation 43(2)(f) was amended by S.I. 1998/808.back

[12] Schedule 1 was amended by S.I. 1997/977, 1998/808.back

[13] Schedule 3 was amended by S.I. 1996/3119, 1997/977, 1998/808.back

[14] S.I. 1995/755 (N.I.2).back

[15] 1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 (c. 19).back

[16] 1974 c. 39.back

[17] 1964 c. 53; Part III was substituted by the Consumer Credit Act 1974 (c. 39), Schedule 4, paragraph 22.back

[18] Schedule 4 was amended by S.I. 1998/808.back

[19] S.I. 1998/808.back

ISBN 0 11 082708 2

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