The Relocation Grants (Form of Application) Regulations 1997 No. 2847


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Statutory Instruments

1997 No. 2847

HOUSING, ENGLAND AND WALES

The Relocation Grants (Form of Application) Regulations 1997

Made

1st December 1997

Coming into force

16th December 1997

The Secretary of State, in exercise of the powers conferred on him by sections 132(4) and 133(3) of the Housing Grants, Construction and Regeneration Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Relocation Grants (Form of Application) Regulations 1997 and shall come into force on 16th December 1997. Prescribed form

2. An application for a relocation grant shall be made by completion of the form set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

1st December 1997

Regulation 2

SCHEDULE

APPLICATION FOR RELOCATION GRANT

NOTES

In these notes, "the Act" means the Housing Grants, Construction and Regeneration Act 1996 and, unless otherwise stated, all references to sections etc are to sections etc of the Act.

1. Grant is only payable to a -�qualifying person'. Section 133(1) states that:

"A person is a qualifying person for the purposes of section 132 (relocation grants: applications and payments) if-

(a)an interest of his in a dwelling in the clearance area ("the original dwelling") has been, or is to be, acquired by the local housing authority under section 290 of the Housing Act 1985 or section 154 of the Town and Country Planning Act 1990;

(b)that interest on the acquisition date was greater than a tenancy for a year or from year to year; and

(c)the original dwelling was his only or main residence both on the declaration date and throughout the period of twelve months ending with the acquisition date".

2. All appearances of "you" and "your" in this application form are references to the grant applicant, unless otherwise specified.

3. Under section 133, the Council may not entertain this application for a relocation grant unless they are satisfied that you have lived in the dwelling as your only or main residence both on the date the clearance area was declared and throughout the period of twelve months ending with the acquisition date.

4. You, or a member of your family (see Note 5), must intend to acquire an -�owner's interest' in your new home. Under section 140 an owner's interest means property bought freehold or leasehold where there is not less than five years remaining on the lease. This may include shared ownership.

5. Section 140(4) defines "member of a family" by reference to section 113 of the Housing Act 1985. The definition includes spouses; persons who live together as husband and wife; parents; grandparents; children; grandchildren; brothers; sisters; uncles; aunts; nephews; and nieces. The Council may only pay grant if the applicant or a member of his family intends to live in the new home.

6. If you are buying your new house leasehold, there must be at least five years remaining on the lease. (See note 4 above).

7. Renovation grant, disabled facilities grant and home repair assistance may be available from your local Council. The Council can provide details.

8. The jobseeker's allowance (JSA) replaced unemployment benefit and income support for the unemployed with effect from 7th October 1996. Contribution-based JSA replaced Unemployment Benefit and income-based JSA replaced Income Support.

If you have answered "Yes" to question 4.1 or 4.22 you do not need to answer the remaining questions in Part 4 (the test of resources). It may help the Council to process your application more quickly if each person who is on income support completes the authorisation at the end of Part 4. However, there is no obligation to do this, and you may instead go straight to Part 5 if you wish.

9. A partner is someone of the opposite sex who lives with you as husband or wife whether you are married or not. You should answer "No" to question 4.2 if such a person who normally lives with you is absent and is likely to remain so for more than 52 weeks; but you should answer "Yes" if that person's absence is owing to exceptional circumstances beyond his or her control and is unlikely to be substantially more than 52 weeks.

10. If you have more than one partner, and you are married polygamously under the law of a country which permits such marriages, you should give the details requested in respect of each partner living with you, and answer questions 4.3 to 4.40 in respect of each of them. You should also ensure that your answers to questions 4.14 to 4.19 cover all children and young persons for whom you or any of your partners are responsible and who normally live with you.

11. Even if you or your partner have been capable of work in recent weeks, you may still qualify for the "disability premium" if you or your partner have a long record of incapacity. If you think this applies to you, you should still answer "No" to this question, but give full details.

12. Where two or more periods of incapacity are separated by a break or breaks each of not more than 56 days, those periods are treated as one continuous period of incapacity.

13. A person is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months. Where two or more periods of incapacity are separated by a break or breaks each of not more than 56 days, those periods are treated as one continous period of incapacity.

14. You should answer "Yes" to this question even if payment of this benefit to you or your partner has been suspended, or if the amount of the benefit has been reduced because you or your partner are receiving free in-patient treatment within a hospital or similar institution (but not a prison or youth custody institution).

15. Answer "Yes" to this question even if you or your partner-

(a)would be entitled to invalid care allowance but for an overlapping benefit (i.e. injury benefit, unemployability supplement, industrial death benefit, war pensions death benefit, and training allowance); or

(b)receive a concessionary payment by way of compensation for the non-payment of invalid care allowance; or

(c)would receive the allowance, but for the person for whom you were, or your partner was, caring being an in-patient in a hospital or similar institution for a period exceeding 28 days.

16. Also answer "Yes" to this question if you or your partner ceased to receive this pension because of payment of a retirement pension. (After 12th April 1995 invalidity pension was replaced by long-term incapacity benefit.)

17. Also answer "Yes" to this question if you or your partner ceased to receive long-term incapacity benefit because of payment of a retirement pension. (After 12th April 1995 long-term incapacity benefit replaced invalidity pension for week 53 onwards of a person's incapacity.)

18. Also answer "Yes" to the appropriate part of this question if you or your partner ceased to receive short-term incapacity benefit at a rate equal to or greater than the long-term rate because of payment of a retirement pension. (After 12th April 1995 short-term incapacity benefit replaced sickness benefit and invalidity benefits for weeks 1 to 52 of a person's incapacity.)

19. A dependent child or young person is someone:

  • who is under the age of 19;

  • for whom you or your partner are responsible;

  • in respect of whom you or your partner receive child benefit, or who is treated as a child for child benefit purposes; and

  • who normally lives with you.

You should not include any young person who is on income support.

You should answer "No" if a child or young person who normally lives with you is absent and is likely to remain so for more than 52 weeks; but you should answer "Yes" if that child or young person's absence is owing to exceptional circumstances beyond his or her control and is unlikely to be substantially more than 52 weeks.

20. If you or your partner are receiving income support or an income based job-seeker's allowance you need not answer questions 4.16 and 4.17.

21. Do not include any who are under 16 or who are still in full time education.

22. In calculating the number of hours worked per week, you should look at the last cycle of the child's working hours (if the child has a recognisable cycle) or (if not) at the last five weeks, immediately prior to this application. You should not include any day on which the child who would otherwise be working is on maternity leave or is absent from work because he or she is ill.

23. You should include benefits, charitable and voluntary payments, and maintenance payments.

24. You do not need to include attendance allowance, disability living allowance or mobility supplement.

25. You should include any of the following:

  • cash savings

  • money in bank, building society or Post Office accounts;

  • National Savings Certificates and Premium Bonds;

  • stocks, shares and unit trusts.

26. You should include details of any capital payable in instalments, including in particular the total amount of any outstanding instalment or instalments.

27. For this purpose, a person lives with you if they share with you a room or rooms other than a bathroom, lavatory or communal area, eg hall; but not if you pay separately for your accommodation to a landlord.

28. The Council may ask you to provide evidence of earnings covering the last 52 weeks in respect of any paid employment, together with details of any private pension plan payments made in the same period.

The Council may also ask you to provide evidence of all other income received in the last 52 weeks.

29. If you have a partner and you are paid jointly, as a couple, enter the details in one or other column (it does not matter which) but not both.

30. Gross pay should include bonus or commission, overtime, holiday pay, sick pay or maternity pay.

31. "Occupational pension" means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases.

32. "Personal pension scheme" has the same meaning as in section 191 of the Social Security Administration Act 1992 and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.

"Personal pension" means a pension or other periodical payment under a personal pension scheme.

33. "Retirement annuity contract" means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.

"Retirement annuity" means a periodical payment under a retirement annuity contract.

34. In calculating the number of hours worked per week, you should look at the last cycle of your working hours (if you have a recognisable cycle) or (if you have not) at the last five weeks, immediately prior to this application. You should not include any day on which the person who would otherwise be working is on maternity leave or is absent from work because he or she is ill. If you or your partner work at a school or college or in a job where there are school holidays or similar periods during which you do not or your partner does not work, you should disregard these periods-and any other periods during which you or your partner are not required to work-in calculating the average hours worked per week.

35. Please supply copies of the latest accounts which give details of your self-employment. Please include details of any pension plan or retirement annuity payments, and income tax, national insurance contributions and net VAT paid. "Net VAT" means the excess of any value added tax paid by you in respect of taxable supplies made to you, over any such tax received by you in respect of taxables supplies made by you, calculated with reference to the previous 12 months.

36. Give the net amount if your pension or retirement annuity is taxed.

37. This means a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.

38. Supplementary pensions are paid to servicemen's widows, for example: (i) where the widow is aged 40 or over; (ii) where she cannot support herself; or (iii) in respect of certain children of her late husband.

39. Please mention any analogous pension received from a country outside Great Britain. You should also answer this question if you receive compensation for the non-payment of such a pension, whatever its source.

40. This means a pension payable to a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty to make pension provision for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown.

Please mention any analogous pension received from a country outside Great Britain. You should also answer this question if you receive compensation for the non-payment of such a pension, whatever its source.

41. These payments are made to widows of persons killed before 31st March 1973 on service analogous to service in the armed forces of the Crown.

42. Under this Scheme, pensions and allowances are paid to or in respect of civilians who were injured or killed in the 1939-45 War.

43. You do not need to include any of the following:

  • attendance allowance;

  • council tax benefit;

  • disability living allowance;

  • guardian's allowance;

  • housing benefit;

  • any jobseeker's allowance or income support (see questions 4.1 and 4.22);

  • payments from the Macfarlane Trusts, the Independent Living Fund, the Independent Living (Extension) Fund or the Independent Living (1993) Fund;

  • payments from the Fund, i.e. money made available by the Secretary of State under a scheme set up on 24th April 1992 or, in Scotland, on 10th April 1992;

  • payments under the "business on own account" scheme, the "personal reader service" or the "fares to work" scheme;

  • social fund payments under Part VIII of the Social Security Contributions and Benefits Act 1992.

Certain other benefits and allowances may also be disregarded in calculating your income, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it can be disregarded.

44. Earnings top-up means the allowance paid by the Secretary of State under the Earnings Top-up Scheme. The Scheme, which applies only in certain areas of Great Britain, is an extra-statutory scheme introduced by the Secretary of State for Social Security having effect on 8th October 1996.

45. You do not need to include any of the following:

  • anything listed in note 43;

  • boarding-out or fostering payments made by a local authority, health authority or voluntary organisation;

  • job start allowance;

  • "Part III" payments, ie payments made by a local authority under section 17 or 24 of the Children Act 1989 in respect of children and young people;

  • payments made to you as a holder of the Victoria Cross or George Cross.

Certain other payments may also be disregarded in calculating your income, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it should be disregarded.

46. Do not include payments made to you by a health authority, local authority or voluntary organisation for children cared for by you in your household.

47. This means an allowance paid to you in respect of your participation in a recognised scheme of youth training established under the Employment and Training Act 1973.

48. The Council may ask you to provide evidence of all savings, investments and other capital.

49. If you have a partner and hold any savings, investments or other capital jointly, enter the details in one or other column (it does not matter which) but not both.

If you hold any capital jointly with people other than your partner, please include the full amount of that capital (where known) and state how many others have a share in it.

50. You do not need to include any of the following:

  • council tax benefit;

  • housing benefit, or housing benefit transitional payments;

  • "Part III" payments (see note 45);

  • payments from the Macfarlane Trusts, the Independent Living Fund, the Independent Living (Extension) Fund or the Independent Living (1993) Fund;

  • payments from the Fund (see note 43);

  • payments under the "business on own account" scheme, the "personal reader service" or the "fares to work" scheme;

  • "start-up" payments to homeworkers assisted under the Blind Homeworkers' Scheme;

  • social fund payments under Part VIII of the Social Security Contributions and Benefits Act 1992;

  • any payment made to you or your partner as holder of the Victoria Cross or George Cross; or

  • any back to work bonus payable by way of a jobseeker's allowance or income support in accordance with section 26 of the Jobseekers Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995.

Certain other kinds of savings and capital payments may also be disregarded in calculating your capital, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it should be disregarded.

51. You should include second homes, holiday homes and any other property, including property abroad. Please mention separately any land for which you receive rent under an existing lease or sub-lease.

You do not need to include any of the following:

  • your own home;

  • the property which is the subject of this application;

  • any property occupied by an elderly (i.e. aged 60 or over) or incapacitated relative of yours, or of a member of your family, as his or her only or main residence. "Relative" means any of the following: parents, parents-in-law, step-parents, sons, daughters, sons and daughters-in-law, stepsons and daughters, brothers and sisters, grandparents, grandchildren, uncles and aunts, nephews and nieces;

  • if you are self-employed, the assets of your business;

  • capital administered by the courts of England and Wales or Scotland for a person under 18, deriving from an award of damages for personal injury to that person or from compensation for the death of one or both parents.

Certain other capital payments may also be disregarded in calculating your capital, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a property or other capital falls into one of these categories you should include it and provide full details so that the Council can decide whether or not it can be disregarded.

52. A contribution is a payment which you are treated as making towards the student's grant, whether or not the payment is actually made to the student.

53. You should answer "No" to this question where the care is provided by you or your partner for a child named in question 4.15 and one partner charges the other for providing the care.

54. The schools and other establishments referred to, which are exempted from registration under section 71 of the Children Act 1989 by paragraphs 3 and 4 of Schedule 9 to that Act, are:

(a)by paragraph 3 of Schedule 9-

  • a school maintained or assisted by a local education authority;

  • a school under the management of an education authority;

  • a school in respect of which payments are made by the Secretary of State under section 100 of the Education Act 1944;

  • an independent school;

  • a grant-aided school;

  • a grant maintained school;

  • a self-governing school; -a play centre maintained or assisted by a local education authority under section 53 of the Education Act 1944;

where the child concerned is looked after under day care arrangements made by the person carrying on the establishment as part of its activities or by his employee at the establishment authorised to make those arrangements as part of the establishment's activities; and

(b)by paragraph 4 of that Schedule-

  • a registered children's home;

  • a voluntary home;

  • a community home;

  • a residential care home, nursing home or mental nursing home required to be registered under the Registered Homes Act 1984;

  • a health service hospital;

  • a home provided, equipped and maintained by the Secretary of State; where the child concerned is looked after under day care arrangements made by the department, authority or other person carrying on the establishment as part of its activities or by an employee at the establishment authorised to make those arrangements as part of the establishment's activities.

55. Answer "Yes" to this question if-

(1) you are, or your partner is, aged less than 60 and one or more of the following conditions is satisfied:

(a)you receive, or your partner receives, attendance allowance, disability living allowances, disability working allowance, mobility supplement, long-term incapacity benefit or severe disablement allowance (but in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of the person receiving the benefit or allowance);

(b)you have, or your partner has, ceased to receive long-term incapacity benefit (or, if paragraph (2) applies, you or your partner ceased to receive invalidity pension before 13th April 1995) because of payment of a retirement pension and, in the case of your partner, he/she is still a member of your family;

(c)you were, or your partner was, in receipt of attendance allowance or disability living allowance but payment of benefit has been-

(i)suspended under section 113(2) of the Social Security Contributions and Benefits Act 1992, or

(ii)otherwise abated because you are, or your partner is, receiving free in-patient treatment within a hospital or similar institution (but not where you are, or he/she is, serving a sentence of imprisonment or of detention in a youth custody institution);

(d)you are, or your partner is, provided with an invalid carriage or other vehicle or a grant for such a vehicle, under English and Welsh or Scottish legislation;

(e)you are, or your partner is, a registered blind person or ceased to be so registered not more than 28 weeks ago;

(f)(i)you are, or are treated as, incapable of work under Part XIIA of the Social Security Contributions and Benefits Act 1992; and

  • you have been entitled to statutory sick pay or you have been, or been treated as, incapable of work for at least the last 364 days continuously or, if terminally ill, for at least the last 196 days continuously (include any period of incapacity falling before 13th April 1995 and satisfying condition (f)(ii) below; and disregard any break or breaks each of up to 56 days between periods of incapacity and, once you have completed the qualifying period, any period of employment training or of receipt of a training allowance); or

(ii)immediately before 13th April 1995 you or your partner, in respect of a continuous period of not less than 28 weeks,

  • provided evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (or comparable Northern Ireland legislation) as then in force in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 31, 33 or 68 of the Social Security Contributions and Benefits Act 1992 (or comparable Northern Ireland legislation) as then in force, provided that an adjudication officer had not determined that you or, as the case may be, your partner was not incapable of work, or

  • were in receipt of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 as then in force;

and from 13th April 1995 you have or, as the case may be, your partner has continued to be incapable of work in accordance with Part XIIA of the Social Security Contributions and Benefits Act 1992 continuously (disregard any break or breaks each of up to 56 days between periods of incapability);

(2) you are, or your partner is, aged less than 80 but not less than 60 and one or more of conditions (a) to (f) in paragraph (1) is satisfied (but in the case of condition (f)(i), once you have completed the qualifying period, any period of employment training or of receipt of a training allowance may not be disregarded); or

(3) paragraph (1) or (2) would apply to your partner, but for your partner being treated as capable of work by a determination under section 171E of the Social Security Contributions and Benefits Act 1992; or

(4) you have been, or been treated as, incapable of work under Part XIIA of the Social Security Contributions and Benefits Act 1992 for a continuous period of at least 196 days (disregard any break or breaks each of up to 56 days between periods of incapacity); or

(5) one or more of the following (including Northern Ireland equivalents) is payable for you or your partner:

(a)long-term incapacity benefit;

(b)short-term incapacity benefit at the higher rate;

(c)attendance allowance;

(d)severe disablement allowance;

(e)disability living allowance;

(f)increase of disablement pension for constant attendance;

(g)a pension increase under a war pension scheme or industrial injuries scheme for attendance, constant attendance, or which is analogous to disability living allowance; or

(6) one of (5)(b), (e), (f) or (g) was payable on account of your or your partner's incapacity but ceased to be payable as a result of you or he/she receiving free medical or other treatment as an in-patient in an NHS hospital or similar institution or under arrangements made by an NHS body or the Secretary of State (please note: a person serving a sentence of imprisonment or of detention in a youth custody institution does not count as an "in-patient"); or

(7) you or your partner are provided with an invalid carriage or other vehicle or receive an allowance for such a vehicle (including where the carriage, vehicle or allowance is provided under Northern Ireland legislation).

56. Relevant person is defined by regulation 5(1) of the Housing Renewal Grants Regulations 1996 as amended by regulation 5 of the Relocation Grants Regulations 1997 as a person who is an applicant or a person who is not an applicant but is entitled to make the application (ie has an interest in the dwelling as a joint owner or tenant) and lives or intends to live in the dwelling.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form of an application for a relocation grant payable under section 134 of the Housing Grants, Construction and Regeneration Act 1996.

(1)

1996 c. 53; see section 140 for the meaning of "prescribed".


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