2009 No. 1807
The Housing Renewal Grants (Amendment) (England) Regulations 2009
Made
Laid before Parliament
Coming into force
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 30 and 146 of the Housing Grants, Construction and Regeneration Act 19961, and with the consent of the Treasury, makes the following Regulations:
Citation, commencement and application1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 2009 and shall come into force on 5th August 2009.
2
These Regulations apply to applications for grants which fall to be approved on or after 5th August 2009 by local housing authorities in England.
Amendment of the Housing Renewal Grants Regulations 1996
2
The Housing Renewal Grants Regulations 19962 are amended in accordance with regulation 3.
3
1
In regulation (2) (interpretation)—
a
after the definition of “community charge benefits” insert—
“contributory employment and support allowance” means an employment and support allowance entitlement to which depends on satisfying the basic conditions set out in subsection (3) of section 1 of the Welfare Reform Act 20073, and the requirements of subsection (2)(a) of that section;
b
after the definition of “employed earner” insert—
“employment and support allowance” means an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;
c
after the definition of “income-related benefit” insert—
“income-related employment and support allowance” means an employment and support allowance entitlement to which depends on satisfying the basic conditions set out in subsection (3) of section 1 of the Welfare Reform Act 2007, and the requirements of subsection (2)(b) of that section;
d
after the definition of “invalid carriage or other vehicle” insert—
“jobseeker’s allowance” means an allowance payable under the Jobseekers Act 19954;
e
after the definition of “the MacFarlane Trusts” insert—
“main phase contributory employment and support allowance” means contributory employment and support allowance where the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) of the Welfare Reform Act 2007;
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes an addition under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007;
2
In regulation 10 (the applicable amount), in paragraph (3), for sub-paragraph (a) substitute—
3
In regulation 19 (treatment of child care charges)10—
a
in paragraph (1A)—
i
omit the word “or” where it appears at the end of sub-paragraph (c); and
ii
for sub-paragraph (d) substitute—
d
is credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 197511; or
e
is paid employment and support allowance.
b
in paragraph (1B) in sub-paragraph (a), after “short-term incapacity benefit” insert “, employment and support allowance”;
c
in paragraph (3)—
i
at the end of sub-paragraph (b) insert “or the Employment and Support Allowance Regulations 200812;”
ii
for sub-paragraph (c) substitute—
c
the relevant person—
i
is or is treated as incapable of work, and has been incapable or treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work13) for a continuous period of not less than 196 days, and for this purpose any two or more periods separated by a break of not more than 56 days shall be treated as one continuous period; or
ii
has, or is being treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations 2008 for a continuous period of not less than 196 days, and for this purpose any two or more periods separated by a break of not more than 84 days shall be treated as one continuous period.
iii
in sub-paragraph (d) after paragraph (vi) insert—
vii
main phase employment and support allowance;
4
In Schedule 1 (applicable amounts)—
a
in sub-paragraph (1) of paragraph 1—
i
in the column headed “Person or couple”, below the entry at (b), insert “(c) any age and entitled to main phase employment and support allowance” ; and
ii
in the column headed “Amount”, below the entry at (b) insert “(c) £64.30”;
b
in sub-paragraph (1) of paragraph 2—
i
in the column headed “Child or young person”, below the entry at (b), insert “(c) any age and entitled to main phase employment and support allowance” ; and
ii
in the column headed “Amount”, below the entry at (b) insert “(c) £64.30”;
c
in paragraph 12 (additional condition for the higher pensioner and disability premiums), for sub-paragraph (1)(a)(i) and (ii) substitute—
i
is in receipt of one or more of the following benefits: attendance allowance14, disability living allowance15, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 200216, mobility supplement17, long-term incapacity benefit under Part II of the 1992 Act, main phase contributory employment and support allowance, or severe disablement allowance under Part III of the 1992 Act, but in the case of long-term incapacity benefit, main phase employment and support allowance or severe disablement allowance only where it is paid in respect of him, or;
ii
was in receipt of long-term incapacity benefit under Part II of the 1992 Act or main phase contributory employment and support allowance when entitlement to that benefit or allowance ceased on account of the payment of a retirement pension under the 1992 Act and, if the long-term incapacity benefit or main phase employment and support allowance was payable to his partner, the partner is still a member of the family, or
d
for paragraph 13A (enhanced disability premium), substitute—
Enhanced disability premium13A
The condition is that—
a
the care component of disability living allowance is payable, or but for a suspension of benefit in accordance with regulations under section 113(2) of the 1992 Act or an abatement as a consequence of hospitalisation, would be payable, at the highest rate prescribed under section 72(3) of the 1992 Act; or
b
contributory employment and support allowance which includes the support component is payable,
in respect of the relevant person or a member of the relevant person’s family, who is aged less than 60.
5
In Schedule 2 (sums to be disregarded in the determination of earnings), for sub-paragraph (a) of paragraph 12 substitute—
a
is in receipt of council tax benefit, guarantee credit18, housing benefit, income-based jobseeker’s allowance, income-related employment and support allowance or income support; or
6
In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—
a
for sub-paragraph (a) of paragraph 4 substitute—
a
is in receipt of council tax benefit, guarantee credit, housing benefit, income-based jobseeker’s allowance, income-related employment and support allowance or income support; or
b
for paragraph 6 substitute—
6
Any concessionary payment made to compensate for the non-payment of—
a
any payment specified in paragraph 5 or 8;
b
an income-based jobseeker’s allowance;
c
income-related employment and support allowance;
d
income support; or
d
state pension credit.
7
In Schedule 4 (capital to be disregarded)—
a
in paragraph 6 for sub-paragraph (a) substitute—
a
is in receipt of council tax benefit, guarantee credit, housing benefit, income-based jobseeker’s allowance, income-related employment and support allowance; or income support; or
b
in paragraph 9, after sub-paragraph (f) insert—
g
income-related employment and support allowance.
Signed by authority of the Secretary of State for Communities and Local Government
We consent,
(This note is not part of the Regulations)