Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

Article 47 of the Housing (Northern Ireland) Order 1992 provides, inter alia, that where an application to the Northern Ireland Housing Executive for a grant is accompanied by an owner-occupier certificate or a tenant’s certificate (as defined in Article 44(2) and (3)), then, if the financial resources of the applicant exceed the applicable amount determined in accordance with regulations, the amount of the grant shall be reduced in accordance with those regulations.

These Regulations provide for reduction of the amount of renovation grant and disabled facilities grant which may be paid to such applicants. The Regulations consolidate, with modifications, the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1992 and the amending regulations listed in Schedule 5.

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. Regulations 4 and 5 define a relevant person and a non-dependant and regulation 6 makes provision in regard to the circumstances in which a person is to be treated as engaged in remunerative work. Regulations 7 and 8 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 9 and 10 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 11 and 12).

Part III and Schedule 1 provide for the determination of the applicable amount of a relevant person, and with respect to polygamous marriages (regulations 13 and 14).

Part IV (regulations 15 to 39) 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 40 to 46).

Part VI provides that these Regulations shall not apply in respect of applications made before 24th November 1997 (the date on which the Regulations came into force).