BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2001 No. 315
URL: http://www.bailii.org/nie/legis/num_reg/2001/20010315.html

[New search] [Help]



2001 No. 315

HOUSING

Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2001

  Made 4th September 2001 
  Coming into operation 15th October 2001 

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) Regulations (Northern Ireland) 2001 and shall come into operation on 15th October 2001.

Amendments
    
2. The Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997[4] are amended in accordance with regulations 3 to 17.

Regulation 2
     3. In regulation 2(1) (interpretation), after the definition of "attendance allowance", insert " "benefit week" means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;".

Regulation 7
    
4. In paragraph 2 of regulation 7 (circumstances in which a person is to be treated as responsible or not responsible for another), in sub-paragraph (a) after "in respect of him", insert "or, if no-one is in that position, with whom he has been placed under Article 27(2) of the Children (Northern Ireland) Order 1995[5];".

Regulation 9
     5. In paragraph (1) of regulation 9 (the applicable amount)[6], in sub-paragraph (b), for "£50" substitute "£51·60" and for "£65" substitute "£67·08".

Regulation 17
     6. In regulation 17 (determination of income on a weekly basis)[7] - 

Regulation 18
     7. In paragraph (7) of regulation 18 (treatment of child care charges)[8] - 

Regulation 30
     8. In paragraph (7A) of regulation 30 (notional income)[10] - 

Regulation 31
     9. In regulation 31 (modification in respect of child and young person) - 

Regulation 39
    
10. In paragraph (1) of regulation 39 (determination of tariff income from capital), for "£5,000" substitute "£6,000".

Regulation 40
    
11. In regulation 40 (interpretation)[11] - 

Regulation 42
     12. In regulation 42 (determination of grant income) - 

Regulation 44
     13. Regulation 44 (other amounts to be disregarded)[21], shall be renumbered 44(1), and the following paragraph shall be added - 

Regulation 45
     14. Regulation 45 (treatment of student loans)[23] shall be amended as follows - 

Regulation 45A and 45B
     15. After regulation 45 (treatment of student loans), insert - 

Schedule 1
    
16.  - (1) In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances)[24], in the column headed "(2) Amount" - 

    (2) In paragraph 2 of Part I of Schedule 1, in the column headed "(2) Amount" - 

    (3) In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium), for "£14·25" substitute "£14·50".

    (4) For paragraph 6 of Part III of Schedule 1 (applicable amounts: premiums) there shall be substituted the following paragraph - 

    (5) After paragraph 13 of Part III of Schedule 1 insert the following paragraph - 

    (6) In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), in the column headed "(2) Amount" - 

    (7) After paragraph 18(7), there shall be added to the table the following sub-paragraph - 

Premium Amount
    "(8) Enhanced disability premium.

    (8)

    (a) £11·05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;

    (b) £11·05 in respect of each person who is neither - 

      (i) a child or young person; nor

      (ii) a member of a couple in respect of whom the conditions specified in paragraph 13A are satisfied;

    (c) £16·00 where the relevant person is a member of a couple and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple.

    ".


Schedule 4
    
17. In Schedule 4 (capital to be disregarded), at the end, add - 

Application
    
18. The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.



Sealed with the Official Seal of the Department for Social Development on


4th September 2001.

L.S.


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


4th September 2001.

L.S.


W. Pauley
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 3 is interpretive.

Regulation 4 amends regulation 7 of the principal Regulations to remove doubt as to whether persons with whom children or young persons have been placed for fostering may be treated as "responsible" for them for the purposes of grant applications.

Regulation 5 amends regulation 9 of the principal Regulations to increase the "applicable amount" of income that can be received without reduction in grant.

Regulation 6 amends regulation 17 of the principal Regulations to provide that working families' tax credit and disabled person's tax credit shall be taken into account in calculating the amount of allowable child care charges for the purposes of the means test.

Regulation 7 amends regulation 18 of the principal Regulations to provide that payments made to child care providers approved by organisations accredited by the Secretary of State for Education and Employment shall be allowable for the purposes of the means test.

Regulation 8 amends regulation 30 of the principal Regulations to give the Housing Executive discretion to decide if it is reasonable for a person engaged by a charitable or voluntary organisation to provide his services free, and to ensure that participants in certain employment and training programmes shall not be treated as being in paid employment for the purposes of the means test.

Regulation 9 amends regulation 31 of the principal Regulations to change the treatment of income attributed to children and young persons to reflect the introduction of an enhanced disability premium and increased capital thresholds.

Regulation 10 amends regulation 39 of the principal Regulations to increase the threshold at which capital is treated as generating a notional income from £5,000 to £6,000.

Regulation 11 amends regulation 40 of the principal Regulations to:

Regulation 12 amends regulation 42 of the principal Regulations to:

Regulation 13 amends regulation 44 of the principal Regulations so that certain grants for children's meals will be disregarded for the purposes of the means test.

Regulation 14 amends regulation 45 of the Principal Regulations to:

Regulation 15 inserts in the principal Regulations new regulations 45A and 45B which set out the circumstances in which payments from access funds are to be disregarded or treated as capital.

Regulation 16 amends Schedule 1 to the principal Regulations to uprate the applicable amounts and premiums, and to add an enhanced disability premium.

Regulation 17 amends Schedule 4 to the principal Regulations to provide that the following shall be disregarded as capital for the purposes of the means test:

Regulation 18 makes transitional provisions.


Notes:

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

[2] S.I. 1992/1725 (N.I. 15)back

[3] S.R. 1999 No. 481 Article 6(e) and Schedule 4 Part Vback

[4] S.R. 1997 No. 456 as amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 Nos. 62 and 325back

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

[6] Regulation 9 was amended by S.R. 1998 No. 396 and S.R. 2000 No. 325back

[7] Regulation 17 was amended by S.R. 1998 No. 396 and S.R. 2000 No. 325back

[8] Regulation 18 was amended by S.R. 2000 No. 62back

[9] S.I. 1999/3110back

[10] Regulation 30 was amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 No. 325back

[11] Regulation 40 was amended by S.R. 1999 No. 387 and S.R. 2000 No. 325back

[12] S.I. 1993/2810 (N.I. 12)back

[13] S.I. 1997/1772 (N.I. 15)back

[14] 1992 c. 13back

[15] 1980 c. 44. The functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)back

[16] S.R. 2000 No. 213back

[17] S.I. 2000/1121back

[18] S.S.I. 2000/200back

[19] Paragraph 3 of regulation 42 was substituted by S.R. 2000 No. 325, regulation 14(b)back

[20] S.R. 2000 No. 311back

[21] Regulation 44 was amended by S.R. 2000 No. 325back

[22] S.I. 1998/1760 (N.I. 14)back

[23] Regulation 45 was amended by S.R. 2000 No. 325back

[24] Schedule 1 was amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 No. 325back

[25] S.R. 1987 No. 459. The definition of a residential care home was inserted by paragraph 1(3)(a) of Schedule 1 to S.R. 1993 No. 149back



ISBN 0 33794037 1


  © Crown copyright 2001

Prepared 19 September 2001


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2001/20010315.html