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Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004

Type Ni-Statutory-Rule

Publication 2004-01-09

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 3

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Where a payment of earnings is made in a currency other than sterling, any banking charges or commission payable in converting that payment into sterling.

15

Any earnings of a child or young person except earnings to which paragraph 16 applies.

16

In the case of earnings of a child or young person who has ceased full-time education for the purposes of section 138 of the 1992 Act (meaning of child) and who is engaged in remunerative work –

(a) if an amount by way of a disabled child premium under Schedule 1 is included in the determination of his applicable amount, £15;

(b) in any other case, £5.

17

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 16 hours a week.

18

(1) In a case where the relevant person is a person who satisfies at least one of the conditions specified in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under paragraphs 3 to 10 shall be increased by £11·90.

(2) The conditions of this sub-paragraph are that –

(a) the relevant person or, if he is a member of a couple, either the relevant person or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002[^f00122] applies; or

(b) the relevant person is, or if he is a member of a couple, at least one member of that couple is aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week;

(i) at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week;

(ii) the aggregate number of hours for which the couple are engaged in remunerative work is at least 30 hours per week; and

(iii) his 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 30 hours per week;

(e) the relevant person is, or if he is a member of a couple, at least one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week and –

(i) the relevant person’s applicable amount includes a higher pensioner premium or a disability premium under paragraph 9 or 11 of Schedule1 respectively; and

(ii) where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the higher pensioner premium or disability premium referred to in paragraph (i) and is engaged in remunerative work for on average not less than 16 hours per week.

(3) The following are the amounts referred to in sub-paragraph (1) –

(a) the amount calculated as disregardable from the relevant person’s earnings under paragraphs 3 to 10;

(b) the amount of child care charges calculated as deductible under regulation 19(1); and

(4) The provisions of regulation 4 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.

SCHEDULE 3 — SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS

1

Any amount attributable to tax on income which is to be taken into account under regulation 30 (determination of income other than earnings).

2

Any payment in respect of any expenses incurred, or to be incurred, by a relevant person who is –

(a) engaged by a charitable or voluntary organisation, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 32(4) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a relevant person –

(a) is in receipt of income support, guarantee credit or an income-based jobseeker’s allowance; or

(b) is a member of a married or unmarried couple (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) and the other member of that couple is in receipt of guarantee credit,

the whole of his income.

5

Any disability living allowance.

6

Any concessionary payment made to compensate for the non-payment of –

(a) any payment specified in paragraph 5 or 8;

(b) income support;

(d) or an income-based jobseeker’s allowance.

7

Any mobility supplement under Article 26A of the Naval, Military and Air Forces, etc, (Disablement and Death) Service Pensions Order 1983[^f00123] (including such a supplement by virtue of any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00124] or any payment intended to compensate for the non-payment of such a supplement.

8

Any attendance allowance.

9

Any payment to the relevant person as holder of the Victoria Cross or of the George Cross or any analogous payment.

10

Any –

(a) educational maintenance allowances payable under Article 50 of the Education and Libraries (Northern Ireland) Order 1986[^f00125] (provisions to assist persons to take advantage of educational facilities); or

(b) sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable under Article 50 of the Education and Libraries (Northern Ireland) Order 1986.

11

In the case of a relevant person participating in provision or arrangements for training under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00126], or attending a course at an employment rehabilitation unit established under that section –

(a) any travelling expenses reimbursed to the relevant person;

(b) if he receives any lodging allowance under section 3(3) of the Employment and Training Act (Northern Ireland) 1950, such amount, if any, of that allowance expressed to be a living away from home allowance;

(c) any child care expenses reimbursed to the relevant person in respect of his participation in a New Deal option, in the Preparation for Employment Programme or the Preparation for Employment Programme for 50 plus;

but this paragraph, except in so far as it relates to a payment under any of sub-paragraphs (a) to (c), does not apply to any part of any allowance under section 3(3) of the Employment and Training Act (Northern Ireland) 1950.

12

(1) Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 34 and 35, £20 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.

(2) Subject to sub-paragraph (3) and paragraph 35, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rates or rent to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00127] refers, or both, of a single relevant person or, as the case may be, of the relevant person or any other member of his family.

(3) Sub-paragraphs (1) and (2) shall not apply to a maintenance payment which is made or due to be made by –

(a) a former partner of the relevant person, or a former partner of any member of the relevant person’s family; or

(b) the parent of a child or young person where that child or young person is a member of the relevant person’s family.

(4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

(5) In sub-paragraph (2) –

(a) “rates or rent” means eligible rates or rent to which regulations 9 or 10, as the case may be, of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refer, less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) of those regulations;

(b) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

13

Any war disablement pension or war widow’s or war widower’s pension or a payment made to compensate for the non-payment of such a pension.

14

Any pension paid by the government of a country outside the United Kingdom and which either –

(a) is analogous to a war disablement pension;

(b) is analogous to a war widow’s or war widower’s pension.

15

Subject to paragraph 34, £10 of any of the following, namely –

(a) 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;

(b) loan treated as income by virtue of regulation 47.

16

Subject to paragraph 34, £15 of any –

(a) widowed mother’s allowance paid pursuant to section 37 of the 1992 Act;

(b) widowed parent’s allowance paid pursuant to section 39A of the 1992 Act.

17

(1) Any income derived from capital to which the relevant person is, or is treated under regulation 40 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4.

(2) Income derived from capital disregarded under paragraphs 3(a), 5, 25 or 26 of Schedule 4 but only to the extent of any mortgage payments or payment of rates made in respect of the dwelling or buildings in the period during which that income accrued.

18

Where a relevant person receives income under an annuity purchased with a loan which satisfies the following conditions –

(a) that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d) that the loan was secured on a dwelling in Northern Ireland and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis, equal to –

(i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988[^f00128] (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;

(ii) in any other case, the interest which is payable on the loan without deduction of such a sum.

19

Where the relevant person makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating under regulations made in exercise of the powers conferred by Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986[^f00129], that student’s award under those Articles or the student’s student loan, an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

20

(1) Where the relevant person is the parent of a student aged under 25 in advanced education who either –

(a) is not in receipt of any award or student grant or student loan in respect of that education; or

(b) is in receipt of an award under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 (awards made at the discretion of boards),

and the relevant person makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 19, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to –

(a) the weekly amount of the payments; or

(b) the amount by way of a personal allowance for a single person under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

21

Any payment made to the relevant person by a child or young person or a non-dependant.

22

Where the relevant person occupies a dwelling as his only or main residence which is also occupied by a person other than one to whom paragraph 21 or 39 refers and there is a contractual liability to make payments to the relevant person in respect of the occupation of the dwelling by that person or a member of his family –

(a) £4 of the aggregate of any payments made in any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

(b) a further £9·25, where the aggregate of any such payments is inclusive of an amount for heating.

23

Any income in kind.

24

Any income which is payable in a country outside the United Kingdom for such a period during which there is a prohibition against the transfer to the United Kingdom of that income.

25

(1) Any payment made to the relevant person in respect of a child or young person who is a member of his family –

(a) in accordance with the Adoption Allowance Regulations (Northern Ireland) 1996[^f00130];

(b) in accordance with the Adoption Allowance Regulations 1991[^f00131];

(d) which is a payment made by a local authority in pursuance of paragraph 15(1) of Schedule 1 to the Children Act 1989[^f00133] (local authority contribution to child’s maintenance);

(e) which is a payment made by an authority, as defined in Article 2 of the Children (Northern Ireland) Order 1995[^f00134], in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to a child’s maintenance),

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person –

(a) to whom regulation 33(2) applies (capital in excess of £6,000), the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

26

Any payment made by a voluntary organisation under Article 75 of the Children (Northern Ireland) Order 1995 to the relevant person with whom a person is placed by virtue of arrangements made under that Article.

27

Any payment made to the relevant person or his partner for a person (“the person concerned”) who is not normally a member of the relevant person’s household but is temporarily in his care, by –

(a) a Health and Social Services Board;

(b) a training school;

(d) the person concerned pursuant to Article 36(7) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00135].

28

Any payment made by a Health and Social Services Board under Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (Health and Social Services Boards' duty to promote the welfare of children or powers to grant financial assistance to persons in, or formerly in, their care).

29

(1) Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments –

(a) on a loan which is secured on the dwelling which the relevant person occupies as his home; or

(b) under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974[^f00136] or under a hire-purchase agreement or a conditional sale agreement as defined in section 5 of the Consumer Protection Act (Northern Ireland) 1965[^f00137].

(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 –

(a) maintain the repayments referred to in sub-paragraph (l)(a) or, as the case may be, (b); and

(b) meet any amount due by way of premiums on –

(i) that policy; or

(ii) in a case to which sub-paragraph (l)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the relevant person as his home and which is required as a condition of the loan referred to in sub-paragraph (l)(a).

30

Any payment of income which by virtue of regulation 36 (income treated as capital) is to be treated as capital.

31

Any social fund payment.

32

Any payment under section 144 of the 1992 Act (entitlement of pensioners to Christmas bonus).

33

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

34

The total of a relevant person’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 18(3) (determination of income and capital of members of relevant person’s family and of a polygamous marriage) to be disregarded under paragraphs 12(1), 15 and 16 shall in no case exceed £20 per week.

35

(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, or the Independent Living Funds.

(2) Any payment by or on behalf of a person who suffered or is suffering from haemophilia or who was or is a qualifying person, which derives from a payment made under any of the Trusts and which is made to or for the benefit of –

(a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who suffered or is suffering from haemophilia or who was or is a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts and which is made to or for the benefit of –

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts where –

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of 2 years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts where –

(a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of 2 years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.

(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund.

36

Any housing benefit and any housing benefit in the form of a rate rebate.

37

Any payment made under arrangements made by the Department for Social Development to compensate for the loss (in whole or in part) of entitlement to housing benefit.

38

Any resettlement benefit which is paid to the relevant person by virtue of regulation 3 of the Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987[^f00138].

39

(1) Where the relevant person occupies the dwelling as his only or main residence and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to –

(a) where the aggregate of any payments made in any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent of such payments; or

(b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent of the excess over this £20.

(2) In this paragraph “board and lodging accommodation” means accommodation provided to a person or, where he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provisions of that accommodation and at least some cooked and prepared meals which are both cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and consumed in that accommodation or associated premises.

40

Any special war widows payment made under –

(a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00139];

(b) the Royal Warrant dated 21st February1990 amending the Schedule to the Army Pensions Warrant 1977[^f00140];

(d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00142];

(e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980[^f00143];

and any analogous payments made by the Secretary of State to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.

41

Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the 1992 Act.

42

(1) Any payment or repayment made under regulations 3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989[^f00144] (entitlement to full remission and payment, persons entitled to remission in part or payment in part, or repayment).

(2) Any payment or repayment made by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1).

43

Any payment made under regulation 8, 9, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988[^f00145] (failure to receive milk tokens, inability to purchase dried milk at a reduced price, inability to obtain free vitamins or absence of beneficiary for less than a week).

44

Any payment made under a scheme established by the Secretary of State to assist relatives and other persons to visit persons in custody.

45

(1) Where a relevant person’s applicable amount includes an amount by way of a family premium, £15 of any maintenance payment, whether under a court order or not, which is made or due to be made by –

(a) the relevant person’s former partner, or the relevant person’s partner’s former partner; or

(b) the parent of a child or young person where that child or young person is a member of the relevant person’s family except where that parent is the relevant person or the relevant person’s partner.

(2) For the purpose of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

46

Any payment (other than a training allowance) made, whether by the Department for Employment and Learning or any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00146] or in accordance with arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00147] to assist disabled persons to retain employment despite their disability.

47

Any guardian’s allowance under Part III of the 1992 Act.

48

(1) Where the relevant person is in receipt of any benefit under Parts II, III or V of the 1992 Act or pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00148] any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the relevant person’s family.

(2) For the purposes of sub-paragraph (l), an addition to a contribution-based jobseeker’s allowance under regulation 9(4) of the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996[^f00149] shall be treated as an increase of a benefit under the 1992 Act arising under Part IV of that Act.

49

Any payment made under the legislation of, or under any scheme operating in the Republic of Ireland which is analogous to any income to which the preceding paragraphs relate.

50

Any supplementary pension under Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows and widowers)[^f00150].

51

In the case of a pension awarded at the supplementary rate under Article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows and widowers)[^f00151], the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

52

(1) Any payment which is –

(a) made under any of the Dispensing Instruments to a widow or a widower of a person –

(i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

(ii) whose service in such capacity terminated before 31st March 1973; and

(b) equal to the amount specified in Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

(2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances)[^f00152].

53

Except in a case which falls under paragraph 18 of Schedule 2, where the relevant person is entitled to the 30 hour element of working tax credit referred to in regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, any amount of working tax credit up to £11·90.

54

Any payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00153].

55

Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in –

(a) an employment programme specified in –

(i) regulation 75(1)(a)(ii)[^f00154] of the Jobseeker’s Allowance Regulations (Voluntary Sector Option of the New Deal);

(ii) regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal) or;

(b) the Preparation for Employment Programme or in the Preparation for Employment Programme for 50 plus.

56

Any discretionary payment to meet or help meet special needs made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations.

57

(1) Subject to sub-paragraph (2), any discretionary payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 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 46 (other amounts to be disregarded).

58

Any child care expenses reimbursed to the relevant person in respect of his participation in the Preparation for Employment Programme but this paragraph does not apply to any part of any allowance under section 1 of the Employment and Training Act (Northern Ireland) 1950.

59

Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in the Preparation for Employment Programme.

60

(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear or household fuel of the relevant person or where the relevant person is a member of a family, any other member of his family, or any eligible rates or rent to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00155] refers for which that relevant person or member is liable.

(3) For the purposes of sub-paragraph (2) –

(a) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

(b) “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;

(c) “rates or rent” means eligible rates or rent to which regulations 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland)1987 refer less any deductions in respect of non-dependants which fall to be made under regulation 63[^f00156] of those Regulations.

61

Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001[^f00157].

62

Any payment –

(a) from a trust whose funds are derived from a payment made in consequence of any personal injury to a relevant person;

(b) under an annuity purchased –

(i) pursuant to any agreement or court order to make payments to a relevant person; or

(ii) from funds derived from a payment made, in consequence of any personal injury to a relevant person; and

(c) (not falling within (a) and (b) above) received by virtue of any agreement or court order to make payments to a relevant person in consequence of any personal injury to that person.

SCHEDULE 4 — CAPITAL TO BE DISREGARDED

1

The dwelling or building to which the application relates.

2

Any one dwelling normally occupied by the relevant person as his only or main residence including any premises not so occupied which it is impracticable or unreasonable to sell separately, but, notwithstanding regulation 18 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

3

Any dwelling which the relevant person intends to occupy as his only or main residence and –

(a) which he acquires for occupation, and intends to occupy as such residence within 26 weeks from the date of acquisition or such longer period as is reasonable in the circumstances to enable the relevant person to obtain possession and commence occupation,

(b) in respect of which he is taking steps to attain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings, whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation, or

(c) to which essential repairs or alterations are required in order to render it fit for such occupation, for such period as is necessary to enable those repairs or alterations to be carried out, but, notwithstanding regulation 18 (determination of income and capital of members of relevant person’s family and of a polygamous marriage) only one dwelling shall be disregarded under this paragraph.

4

(1) Subject to sub-paragraph (2), any sum directly attributable to the proceeds of sale of any dwelling formerly occupied by the relevant person as his only or main residence to the extent to which it is to be used for the purchase of either –

(a) the dwelling or building to which the application relates, or

(b) any dwelling, other than that to which the application relates, which is intended for such occupation within 26 weeks from the date of sale or such longer period as is reasonable in the circumstances to enable the relevant person to complete the purchase.

(a) Sub-paragraph (1) shall not apply where a dwelling is disregarded under paragraph 26;

(b) sub-paragraph (1)(b) shall not apply where a dwelling is disregarded under paragraph 3.

5

Any dwelling occupied in whole or in part as his only or main residence –

(a) by a partner, close relative, grandparent, grandchild, uncle, aunt, nephew or niece of a relevant person who is single or of any member of the family of the relevant person where that person is either aged 60 or over or incapacitated;

(b) by the former partner of the relevant person; but this provision shall not apply where the former partner is a person from whom the relevant person is estranged or divorced.

6

Where a relevant person –

(a) is in receipt of income support, guarantee credit or an income-based jobseeker’s allowance; or

(b) is a member of a married or unmarried couple (within the meaning of the State Pension Credit (Northern Ireland) Act 2002) and the other member of that couple is in receipt of guarantee credit,

the whole of his capital.

7

Any future interest in property of any kind, other than land or premises in respect of which the relevant person has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

8

(1) The assets of any business owned in whole or in part by the relevant person and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

(2) The assets of any business owned in whole or in part by the relevant person where –

(a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b) he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business.

9

Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of, –

(a) any payment specified in paragraph 5, 7 or 8 of Schedule 3;

(b) working families' tax credit under section 127 of the 1992 Act or disabled person’s tax credit under section 128 of that Act[^f00158];

(d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001;

(e) child tax credit and working tax credit where such payment is made as a result of change of circumstances.

10

(1) Subject to sub-paragraph (2), any sum –

(a) paid to the relevant person in consequence of damage to or loss of his only or main residence or any personal possession and intended for its repair or replacement; or

(b) acquired by the relevant person (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to his only or main residence, which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

(2) A sum to which sub-paragraph 1(b) applies shall be disregarded under this paragraph to the extent only that it is not for carrying out works to which the application relates.

11

Any sum –

(a) deposited with a housing association as a condition of occupying the only or main residence;

(b) which was so deposited and which is to be used for the purchase of another dwelling being the only or main residence, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the relevant person to complete the purchase.

12

Any personal possessions except those which have been acquired by the relevant person with the intention of reducing his capital in order to increase the amount of grant.

13

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

14

(1) Subject to sub-paragraph (2), where the funds of a trust are derived from a payment made in consequence of any personal injury to the relevant person, the value of the trust fund and the value of the right to receive any payment under that trust.

(2) Any value to which sub-paragraph (1) applies shall be disregarded under this paragraph to the extent only that it does not represent funds or a payment which are for carrying out works to which the application relates.

15

The value of the right to receive any income under a life interest or from a life rent.

16

The value of the right to receive any income which is disregarded under paragraph 13 of Schedule 2 or paragraph 24 of Schedule 3.

17

The surrender value of any policy of life insurance.

18

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

19

Any payment made by a Health and Social Services Board under Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995[^f00159] (Health and Social Services Boards' duty to promote the welfare of children or powers to grant financial assistance to persons in, or formerly in, their care).

20

Any social fund payment.

21

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988[^f00160] (mortgage interest payment under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the only or main residence or carrying out repairs or improvements to that residence.

22

Any capital which by virtue of regulation 31, 33(5) or 47 (annuity treated as income, modifications in respect of child and young person or treatment of student loans) is to be treated as income.

23

Where any payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

24

(1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Independent Living (Extension) Fund, the Independent Living (1993) Fund or the Independent Living Fund.

(2) Any payment by or on behalf of a person who suffered or is suffering from haemophilia or who was or is a qualifying person, which derives from a payment made under any of the Trusts and which is made to or for the benefit of –

(a) that person’s partner or former partner from whom he is not, or where that person had died was not, estranged or divorced;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who suffered or is suffering from haemophilia or who was or is a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts and which is made to or for the benefit of –

(a) the person who is suffering from haemophilia or who is a qualifying person;

(b) any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or

(c) any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts where –

(a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of 2 years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts where –

(a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b) the payment is made either –

(i) to that person’s parent or step-parent, or

(ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of 2 years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund.

25

(1) Where a relevant person has ceased to occupy what was formerly the dwelling occupied as the only or main residence following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling, or where the dwelling is occupied by the former partner who is a lone parent, for so long as it is so occupied.

(2) In this paragraph “dwelling” includes any premises not so occupied which it is impracticable or unreasonable to sell separately.

26

Any premises where the relevant person is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

27

Any payment made under arrangements made by the Department for Social Development to compensate for the loss (in whole or in part) of entitlement to housing benefit.

28

The value of the right to receive an occupational or personal pension.

29

The value of any funds held under a personal pension scheme or retirement annuity contract.

30

The value of the right to receive any rent except where the relevant person has a reversionary interest in the property in respect of which rent is due.

31

Any payment in kind made by a charity or under the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund or the Independent Living (1993) Fund.

32

£200 of any payment, or if the payment is less than £200, the whole of the payment made under section 1 of the Employment and Training Act (Northern Ireland) 1950 as a training bonus to a person participating in provision or arrangements for training under that Act but only for a period of 52 weeks from the date of receipt of that payment.

33

Any housing benefit.

34

Any arrears of special war widows payment which is disregarded under paragraph 40 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) or of any amount which is disregarded under paragraph 50, 51 or 52 of that Schedule.

35

(1) Any payment or repayment made under regulation 3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989[^f00161] (entitlement to full remission and payment, persons entitled to remission in part or payment in part, or repayment).

(2) Any payment or repayment made by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1).

36

Any payment made under regulation 8, 9, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988[^f00162] (failure to receive milk tokens, inability to purchase dried milk at a reduced price, inability to obtain free vitamins or absence of beneficiary for less than a week).

37

Any payment made under a scheme established by the Secretary of State to assist relatives and other persons to visit persons in custody.

38

Any payment (other than a training allowance, or a training bonus paid under section 3(3) of the Employment and Training Act (Northern Ireland) 1950)[^f00163] made, whether by the Department for Employment and Learning or any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00164] or in accordance with arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00165] to assist disabled persons to obtain or retain employment despite their disability.

39

(1) Any sum of capital administered –

(a) by the High Court –

(i) on behalf of a person under the provisions of Order 80 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00166]; or

(ii) on behalf of a patient under the provisions of Order 109 of those Rules[^f00167];

(b) by the county court –

(i) under the provisions of Order 44 of the County Court Rules (Northern Ireland) 1981[^f00168]; or

(ii) under Article 21 of the County Courts (Northern Ireland) Order 1980[^f00169].

(2) Paragraph (1) applies to a sum which derives from –

(a) an award of damages for a personal injury to a person mentioned in that paragraph; or

(b) compensation for the death of one or both parents of such person where the person concerned is under the age of 18.

40

Any sum of capital administered on behalf of a person by Her Majesty’s High Court of Justice in England under the provisions of Order 80 of the Rules of the Supreme Court 1965[^f00170], the county court under Order 10 of the County Court Rules 1981[^f00171], or the Court of Protection, where such sum derives from –

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

41

Any sum of capital administered on behalf of a person in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994[^f00172] or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965[^f00173], or under Rule 36.14 of the Ordinary Cause Rules 1993[^f00174] or under Rule 128 of the Ordinary Cause Rules[^f00175] where such sum derives from –

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.

42

Any payment to the relevant person as a holder of the Victoria Cross or George Cross.

43

Any back to work bonus payable by way of a jobseeker’s allowance or income support in accordance with Article 28 of the Jobseekers (Northern Ireland) Order 1995[^f00176] or a corresponding payment under section 26 of the Jobseekers Act 1995[^f00177].

44

Any amount of housing benefit to which a person is entitled by virtue of regulation 7B of the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00178].

45

Any amount of income support to which a person is entitled by virtue of regulation 21A of the Income Support (General) Regulations (Northern Ireland) 1987[^f00179].

46

Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950[^f00180] in respect of that person’s participation in –

(a) an employment programme specified in –

(i) regulation 75(1)(a)(ii)[^f00181] of the Jobseeker’s Allowance Regulations (Voluntary Sector Option of the New Deal);

(ii) regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal) or;

(b) the Preparation for Employment Programme or in the Preparation for Employment Programme for 50 plus,

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

47

48

Any discretionary payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7)[^f00182] of the Jobseeker’s Allowance Regulations but only for a period of 52 weeks from the date of receipt of the payment.

49

Any child care expenses reimbursed to the relevant person in respect of his participation in the Preparation for Employment Programme but only for a period of 52 weeks from the date of receipt of the payment.

50

51

(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear or household fuel of the relevant person or, where the relevant person is a member of a family, any other member of his family, or any eligible rates or rent to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 for which that relevant person or member is liable.

(3) For the purposes of sub-paragraph (2) –

(a) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

(b) “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;

(c) “rates or rent” means eligible rates or rent to which regulations 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland)1987 refer less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations.

52

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of –

(a) the relevant person;

(b) the relevant person’s partner;

(d) the relevant person’s partner’s deceased spouse;

by the Japanese during the Second World War, £10,000.

53

(1) Subject to sub-paragraph (2), the amount of any trust payment made to the relevant person or a member of the relevant person’s family who is –

(a) a diagnosed person;

(b) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(c) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(d) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.

(2) Where a trust payment is made to –

(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph 1(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;

(c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending –

(i) two years after that date; or

(ii) on the day before the day on which that person –

(aa) ceases receiving full-time education; or

(bb) attains the age of 19,

whichever is the latest.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to the relevant person or a member of a relevant person’s family who is –

(a) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

(b) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

(c) a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

(4) Where a payment as referred to in sub-paragraph (3) is made to –

(a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;

(b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;

(c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending –

(i) two years after that date; or

(ii) on the day before the day on which that person –

(aa) ceases receiving full-time education; or

(bb) attains the age of 19,

whichever is the latest.

(5) In this paragraph, a reference to a person –

(a) being the diagnosed person’s partner;

(b) being a member of the diagnosed person’s family; or

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.

(6) In this paragraph –

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“residential accommodation”, “residential care home” and “nursing home” shall have the same meanings as for the purposes of the Income Support (General) Regulations (Northern Ireland) 1987[^f00183];

“trust payment” means a payment under a relevant trust.

54

Any ex-gratia payment made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.

55

Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act (Northern Ireland) 1950[^f00184] but only for a period of 52 weeks from the date of payment.

56

The amount of a payment, other than a war pension within the meaning in section 25 of the Social Security Act 1989 f Ref="f00185"/>, to compensate for the fact that the relevant person, the relevant person’s partner, the relevant person’s deceased spouse or the relevant person’s partner’s deceased spouse –

(a) was a slave labourer or a forced labourer;

(b) had suffered property loss or had suffered personal injury; or

during the Second World War.

SCHEDULE 5 — REVOCATIONS

Regulations revoked	References
The Housing Renovation, etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997	S.R. 1997 No. 456
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 1998	S.R. 1998 No. 396
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 1999	S.R. 1999 No. 387
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2000	S.R. 2000 No. 62
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment No. 2)8 Regulations (Northern Ireland) 2000	S.R. 2000 No. 325
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 315
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2003	S.R. 2003 No. 234
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2003	S.R. 2003 No. 282
The Housing Renovation, etc. Grants (Reduction of Grant) (Amendment No. 3) Regulations (Northern Ireland) 2003	S.R. 2003 No. 387

Signed

Sealed with the Official Seal of the Department for Social Development on 9th January 2004.

D. M. Crothers — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

Article 61 of the Housing (Northern Ireland) Order 2003 provides, inter alia, that where in the case of an application to the Housing Executive for a renovation grant or disabled facilities grant the financial resources of the applicant (or, in the case of an application for disabled facilities grant, the financial resources of any person specified by regulations) exceed the applicable amount, then the amount of any grant which may be paid shall be reduced in accordance with regulations.

Article 62 of the Housing (Northern Ireland) Order 2003 provides, inter alia, that in the case of a landlord’s application for a renovation grant, common parts grant, disabled facilities grant or HMO grant, information or evidence needed for the determination of any matter under that Article shall be furnished by such persons as may be prescribed in regulations.

Article 73 of the Housing (Northern Ireland) Order 1992 provides, inter alia, that the Housing Executive may pay grant towards the cost of complete replacement of a dwelling in accordance with regulations made by the Department. While Article 47 of the Housing (Northern Ireland) Order 1992 (which contained the power to make reduction of grant regulations) has been repealed for the purposes of renovation and disabled facilities grants, it remains in operation (with modifications) for the purposes of replacement grant.

These Regulations provide for reduction of the amount of renovation grant, disabled facilities grant and replacement grant which may be paid to applicants and for certain financial information to be provided by pension fund holders.

Part I contains general provisions as to the citation, commencement and interpretation of the Regulations (regulations 1 and 2). Regulation 3 provides for the exclusion of persons from abroad, as defined by housing benefit rules, from eligibility for grant. Regulation 4 enables the Housing Executive to require a pension fund holder to provide it with details of deferred income under a personal pension scheme or retirement annuity contract. Regulation 5 requires that relevant persons must provide details of their national insurance numbers. Regulations 6 and 7 define a relevant person and a non-dependant and regulation 8 makes provision in regard to the circumstances in which a person is to be treated as engaged in remunerative work. Regulations 9 and 10 make provision in regard to the circumstances in which a person is or is not to be treated as responsible for another person and in which a person is or is not to be treated as being a member of the same household as a relevant person, ie, a person whose financial resources are to be taken into account in determining whether the amount of the grant is to be reduced and, if so, by how much. Regulations 11 and 12 set out what comprises the applicable amount and the amount to be taken to be the financial resources in respect of an application, by reference to which any reduction in the amount of grant is determined.

Part II specifies the method of assessing the amount by which a grant is to be reduced in various circumstances (regulations 13 and 14).

Part III and Schedule 1 provide for the determination of the applicable amount of a relevant person, and with respect to polygamous marriages (regulations 15 and 16).

Part IV (regulations 17 to 41) provides for the determination of the income and capital of a relevant person, the earnings of employed and self-employed earners and the treatment of income other than earnings (including notional income); sums to be disregarded are set out in Schedules 2 and 3. Capital to be disregarded is set out in Schedule 4.

Part V provides for the treatment of students (regulations 42 to 51).

Part VI revokes the grants regulations made under the Housing (Northern Ireland) Order 1992.

Footnotes

[^f00001]: S.I. 1999/283 (N.I. 1) Article 3(1)

[^f00002]: See Article 120(5) of S.I. 2003/412 (N.I. 2)

[^f00003]: S.I. 1992/1725 (N.I. 15)

[^f00004]: S.R. 2003 No. 465

[^f00005]: S.R. 1999 No. 481 Article 6(e) and Schedule 4 Part V

[^f00006]: S.I. 2003/412 (N.I. 2)

[^f00007]: S.I. 1996/1919 (N.I. 16); Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00008]: Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00009]: 1992 c. 4

[^f00010]: S.I. 1983/686; the relevant amending instruments are S.I. 1984/1675 and S.I. 2001/420

[^f00011]: Section 70 was amended by Article 2(a)(iii) and Article 3 of the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002 (S.R. 2002 No. 321)

[^f00012]: 1964 c. 33 (N.I.); to which there are amendments not relevant to these Regulations

[^f00013]: 2002 c. 21

[^f00014]: 1978 c. 30

[^f00015]: S.I. 1986/594 (N.I. 3); to which there are amendments not relevant to these Regulations

[^f00016]: See the Social Security Contributions and Benefits Act 1992 (c. 4), Parts XI and XII

[^f00017]: 2002 c. 14 (N.I.)

[^f00018]: S.I. 1972/1265 (N.I. 14)

[^f00019]: 1988 c. 1; section 1(2)(b) was substituted by section 24(2)(a) of the Finance Act 1988 (c. 39) and amended by Article 2(2)(b) of the Income Tax (Indexation) Order 1993 (S.I. 1993/755)

[^f00020]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00021]: S.I. 1995/2705 (N.I. 15); the definition of “a joint claim jobseeker’s allowance” was inserted by paragraph 3(4) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00022]: S.R. 1996 No. 198; the relevant amending regulations are S.R. 1997 No. 541, S.R. 1998 No. 182, S.R. 1998 No. 198, S.R. 1998 No. 541, S.R. 1999 No. 467, S.R. 2000 No. 197 and S.R. 2001 No. 151

[^f00023]: 1988 c. 1; the definition of “lower rate” was inserted by section 9(9) of the Finance Act 1992 (c. 20)

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