The Housing Renewal Grants (Amendment) (Wales) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Renewal Grants Regulations 1996 (“the principal Regulations”). They make changes to the means test for determining the amount of renovation grant and disabled facilities grant which may be paid by local housing authorities in respect of applications by owner-occupiers and tenants, under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996.

Most of these amendments are consequential on changes to the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) upon which the means test is based. There are also minor and drafting amendments.

Regulation 4 amends regulation 8 of the principal Regulations to remove doubt as to whether persons with whom children or young persons have been placed for fostering may be treated as responsible for them for the purposes of grant applications.

Regulation 5 increases the “applicable amount” of income that can be received without reduction in grant. Regulation 6 reduces the amount by which grant is reduced where the applicable amount is exceeded.

Regulation 6 also provides that working families' tax credit and disabled person’s tax credit can be taken into account in calculating the amount of allowable child-care charges for the purposes of the means test. Payments made to child-care providers approved by organisations accredited by the National Assembly for Wales become allowable under regulation 7.

Regulation 8 ensures that participants in approved work, such as work trials or work placements, are not treated as being in paid employment for the purposes of the means test.

Regulation 9 changes the treatment of income attributed to children and young persons to reflect introduction of an enhanced disability premium and increased capital thresholds.

Regulations 10, 18 and 19 provide for special rules to be applied to subsistence allowances and discretionary payments made to participants in employment zone programmes established pursuant to section 60 of the Welfare Reform and Pensions Act 1999 (c. 30).

Regulation 11 increases the threshold at which capital is treated as generating a notional income from £5,000 to £6,000.

Several changes are made to the treatment of student income. Regulation 13(b) inserts provision for apportionment of grant income for the purposes of the means test. Under regulations 14 and 15 sums to cover school meals, and hardship loans, are to be disregarded. Disregards in respect of books, equipment and travel costs are increased by regulation 13(a). Payments from access funds are to be disregarded subject to rules set out in regulation 16.

Regulation 17 uprates the applicable amounts and premiums in Schedule 1 to the principal Regulations, and adds an enhanced disability premium.

Regulation 19 also adds items to the list of sums to be disregarded as capital, namely, payments relating to employment zone programmes, lump sums paid to housing benefit claimants in certain areas to reduce under-occupation and ex-gratia payments made in respect of imprisonment or internment by the Japanese in the Second World War.