The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994

PART II REDUCTION IN AMOUNT OF GRANT

Reduction in amount of grant

10.—(1) The amount of any grant which may be paid in respect of an application which is accompanied by an owner-occupation certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined—

(a) by multiplying by 17.76 such part of that excess as is £47.95 or less;

(b) by multiplying by 35.52 such part of that excess as is greater than £47.95 but not more than £95.89;

(c) by multiplying by 142.06 such part of that excess as is greater than £95.89 but not more than £191.78; and

(d) by multiplying by 355.15 such part of that excess as is greater than £191.78.

(2) The amount of any grant which may be paid in respect of an application which is accompanied by a tenant’s certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined—

(a) by multiplying by 10.51 such part of that excess as is £47.95 or less;

(b) by multiplying by 21.02 such part of that excess as is greater than £47.95 but not more than £95.89;

(c) by multiplying by 84.09 such part of that excess as is greater than £95.89 but not more than £191.78; and

(d) by multiplying by 210.23 such part of that excess as is greater than £191.78.

Successive applications

11.—(1) In this regulation “current application” means an application to which regulation 10 refers.

(2) The amount by which a grant in respect of a current application is reduced shall, except where paragraph (4) applies, be abated—

(a) in a case to which paragraph (3)(a) or (b) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced by virtue of regulation 10 and this regulation;

(b) in a case to which paragraph (3)(c) or (d) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced, by virtue of section 111(4) of the Act (apportionment in tenants' common parts application), by reference to persons (other than participating landlords) who are relevant persons in the current application;

(c) in a case to which paragraph (3)(e) applies, by the amount of any contribution notified under section 129(1) of the Act (contributions by participants) to any person who is a relevant person in the current application.

(3) Subject to paragraph (4), this paragraph applies where—

(a) within the 10 years preceding the date of approval of the current application, at least one application, accompanied by an owner-occupation certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;

(b) within the 5 years preceding the date of approval of the current application, at least one application, accompanied by a tenant’s certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;

(c) within the 10 years preceding the date of approval of the current application, at least one tenants' common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of the interest mentioned in paragraph (b) of section 105(4) of the Act (common parts grants: preliminary conditions) and was also an applicant;

(d) within the 5 years preceding the date of approval of the current application, at least one tenants' common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of such an interest as is mentioned in any of paragraphs (c) to (e) of section 105(4) of the Act and was also an applicant; or

(e) within the 10 years preceding the date of approval of the current application, at least one of the relevant persons in the current application signified scheme consent under section 129(1) of the Act in respect of at least one group repair scheme in relation to which the same dwelling, building or flat was, or was part of, a qualifying building.

(4) Paragraph (2) does not apply in any case where, by reason of reduction of grant referred to in paragraph (2)(a) or (b), no grant was paid in respect of the application, except where the eligible works in respect of which the application was approved were executed to a satisfactory standard.