4.—(1) A works application for a grant in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as his only or main residence and who, at the time the works application is made—
(a)is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a partner who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under sixteen years of age;
(b)is, or is living with a partner who is, in receipt of a benefit to which paragraph (3) applies;
(c)is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies and has attained, or is living with a partner who has attained, the age of 60;
(d)is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a partner who is, a pregnant woman in respect of whom a maternity certificate given under regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976(1) and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987)(2) has been given in relation to the pregnancy concerned; or
(e)is in receipt of
(i)child tax credit; or
(ii)working tax credit including a disability element,
under the Tax Credits Act 2002(3), and has a relevant income of less than £15,050; and for these purposes, “relevant income” has the same meaning as in section 7(3) of that Act.
(2) This paragraph applies to—
(a)income support, housing benefit and council tax benefit (referred to in Part VII of the 1992 Act);
(b)state pension credit (referred to in the State Pension Credit Act 2002(4)); and
(c)an income-based jobseeker’s allowance (within the meaning of section 1(4) of the Jobseekers Act 1995(5)).
(3) This paragraph applies to—
(a)an attendance allowance, that is to say—
(i)an attendance allowance under section 64 of the 1992 Act(6);
(ii)an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act(7);
(iii)a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(8) or any analogous payment; or
(iv)any payment based on need for attendance which is paid with a war disablement pension; or
(v)any payment intended to compensate for the non-payment of a payment, allowance or pension mentioned in any sub-paragraphs (i) to (iv);
(b)a disability living allowance under section 71 of the 1992 Act(9);
(c)a war disablement pension within the meaning of the section 139(11) of the Social Security Administration Act 1992(10) or under article 10 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(11) so far as that Order is made otherwise than under the Air Force Constitution Act 1917(12), together with—
(i)a mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(13) (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(14) (including that article as applied by article 48A of that Scheme), or a payment intended to compensate for the non-payment of such a supplement; or
(ii)a payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance);
(d)council tax benefit, housing benefit and income support (in each case where payment includes a disability premium as provided for in the Council Tax Benefit (General) Regulations 1992(15), the Housing Benefit (General) Regulations 1987(16) and the Income Support (General) Regulations 1987(17) respectively) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendant allowance).
(4) For the purposes of this regulation—
“householder” means a person who, alone or jointly with others, is a freeholder or a leaseholder with term of 21 years or more unexpired at the time of making the application for grant or a tenant, and
“tenant” includes a sub-tenant and a person who has—
a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976(18);
a statutory tenancy under the Rent Act 1977(19);
a secure tenancy under Part IV of the Housing Act 1985(20) or an introductory tenancy under Chapter I of Part V of the Housing Act 1996(21);
a licence to occupy which meets the conditions in paragraph 12(a) and (b) Schedule 1 to the Housing Act 1985(22) (almshouse licences); or
an assured agricultural occupancy under Part I of the Housing Act 1988(23).
(5) For the purposes of this regulation, “partner” means—
(a)on and before 4th December 2005, the spouse or person with whom the applicant lives as husband or wife, or the person with whom the applicant lives in a same-sex relationship such that they would be regarded as living together as husband or wife if that person and the applicant were two adults of the opposite sex;
(b)on and after 5th December 2005, the spouse, civil partner or person with whom the applicant lives as husband or wife or as civil partner.
2002 c. 21; section 1 makes provision for child tax credit and working tax credit, and section 11 and regulation 9 of S.I. 2002/2005 as substituted by regulation 8 of S.I. 2003/701 makes provision for the disability element. The Act was last amended by Part 1 of Schedule 2 to the Child Benefit Act 2005 (c. 6).
2002 c. 16, as last amended by Part 13 of Schedule 24 to the Civil Partnership Act 2004 (c. 33)..
1995 c. 18, as last amended by section 254 of, and Part 7 of Schedule 24 to, the Civil Partnership Act 2004 (to be commenced).
Section 64 was amended by Welfare Reform and Pensions Act 1999 (c. 30) section 66(1).
See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c. 6).
S.I.1983/686; articles 14, 15 and 16 were amended by S.I. 2001/420 and article 16 by 1984/1675.
Section 71(3) was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c. 30).
1992 c. 5; section 139 (11) was amended by section 722 of and Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), and by section 254 of and paragraph 65 of Part 4 of Schedule 24 to the Civil Partnership Act 2004 (to be commenced).
S.I. 1983/883; article 10 was amended by S.I. 1996/1638 and 1993/598. There are other amendments to S.I. 1983/883 not relevant to these Regulations.
1917 c. 51, to which there are amendments not relevant to these regulations .
S.I. 1983/686; article 25A was last amended by S.I. 2001/420. There are other amendments to S.I. 1983/686 not relevant to these Regulations.
S.I.1992/1814, as last amended by S.I. 2005/573.
1976 c. 80; sections 2 and 3 make provision for protected occupancy, and sections 4 and 5 for statutory tenancy. Section 3 has been amended by section 76(3) of the Housing Act 1980 (c. 51) and section 81 of and Schedule 8 to the Civil Partnership Act 2004 (c. 33), section 4 by those provisions and section 155 and paragraph 72 of Schedule 23 to the Rent Act 1977 (c. 42) and sections 39 and 140 of and Schedule 4 (Part II) and Schedule 18 to the Housing Act 1988 c. 50, and section 5 was last amended by sections 128 and 137 of and Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16). There are other amendments to the 1976 Act not relevant to these Regulations.
1977 c. 42, as last amended by paragraph 94 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).
1985 c. 68, as last amended by paragraph 4 of the Schedule to S.I. 2005/1379.
1996 c. 52, as last amended by paragraphs 256 to 258 of Part 1 of Schedule 4 to the Constitutional Reform Act.
Paragraph 12 of Schedule 1 to 1985 c. 68 was amended by section 78(1) of and paragraph 12 of Schedule 6 to the Charities Act 1992 (c. 41).
1988 c. 50, as last amended by paragraph 6 of the Schedule to S.I. 2005/1379.