2002 No. 2798 (W.266)
The Housing Renewal Grants (Amendment) (Wales) Regulations 2002
Made
Coming into force
The National Assembly for Wales in exercise of the powers conferred upon it by sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 19961 hereby makes the following Regulations:
Name, commencement and application1
1
These Regulations are called the Housing Renewal Grants (Amendment) (Wales) Regulations 2002 and they shall come into force on 13th November 2002.
2
These Regulations apply to Wales only and shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Amendments2
The Housing Renewal Grants Regulations 19962 are amended in accordance with the following regulations.
Regulation 23
In regulation 2(1) (interpretation)—
a
in paragraph (b) of the definition of “attendance allowance”, after “104” insert “or 105”;
b
in the definition of “income-based jobseeker’s allowance” for “means an income-based jobseeker’s allowance within” substitute “and “a joint-claim jobseeker’s allowance” have the same meaning as they have in”
c
after “the Independent Living Funds” insert—
“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 19733, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;
d
after “net profit” insert—
“the New Deal Options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 19964 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
e
in paragraph (b) of the definition of “self-employment route”5, for the words “an employment zone programme” substitute the following—
—
i
an employment zone programme;
ii
a course of training or instruction funded by or on behalf of the Secretary of State for Work and Pensions, National Assembly for Wales, Scottish Enterprise or Highlands and Islands Enterprise;
iii
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations; or
iv
the Intensive Activity Period for 50 plus.
Regulation 94
In regulation 9 (circumstances in which a person is to be treated as being or not being a member of the household)—
a
in paragraph (3), for “A child” substitute “Subject to paragraph (3A), a child”;
b
after paragraph (3) insert—
3A
Paragraph (3) shall not apply in any case where a child or young person—
a
has been placed with the relevant person or his or her partner by a local authority under section 23(2)(a) of the Children Act 19896, and
b
in accordance with regulation 8(2)(a) is to be treated for the purposes of paragraph (1) of that regulation as normally living with the relevant person or his or her partner.
Regulation 105
In paragraph (1) of regulation 10 (the applicable amount)7, in sub-paragraph (b), for “£51.60” substitute “£52.27” and for “£67.08” substitute “£67.95”.
Regulation 126
In regulation 12 (reduction in amount of grant)8—
a
in paragraph (1)(a), for “£18.10” substitute “£19.97”;
b
in paragraph (1)(b), for “£36.20” substitute “£39.94”;
c
in paragraph (1)(c), for “£144.82” substitute “£159.76”;
d
in paragraph (1)(d), for “£362.04” substitute “£399.41”;
e
in paragraph (2)(a), for “£10.65” substitute “£11.27”;
f
in paragraph (2)(b), for “£21.29” substitute “£22.53”;
g
in paragraph (2)(c), for “£85.18” substitute “£90.13”;
h
in paragraph (2)(d), for “£212.95” substitute “£225.32”.
Regulation 147
In paragraph (b) of regulation 14 (applicable amounts) for “£5,000” substitute “£6,000”.
Regulation 188
In paragraph (1A)9 of regulation 18 (determination of income on a weekly basis)—
a
in sub-paragraph (a), for “£70” substitute “£94.50”; and
b
in sub-paragraph (b), for “£105” substitute “£140”.
Regulation 199
In regulation 19 (treatment of child care charges) after paragraph (8)10 insert—
9
a
For the purposes of paragraph (1) a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that—
i
in the week before the period of maternity leave began she was in remunerative work;
ii
the relevant person incurred relevant child care charges in that week; and
iii
she is entitled to either statutory maternity pay under section 164 of the 1992 Act or maternity allowance under section 35 of that Act;
b
for the purposes of sub-paragraph (a) the relevant period shall begin on the day on which the woman’s maternity leave commences and shall end on—
i
the date that leave ends;
ii
if no tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or
iii
if a tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the tax credit ends,
whichever shall occur first;
c
in this paragraph “tax credit” means either working families' tax credit or a disabled person’s tax credit provided that a childcare tax credit under either regulation 46(1)(ab) of the Family Credit (General) Regulations 198711 or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations 199112 forms part of the entitlement of either of those credits.
10
Where paragraph (9) applies to a woman on maternity leave any child care charges in respect of the child to whom the maternity leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 18.
Regulation 3110
In regulation 31 (notional income)—
a
in paragraph (9A)13, after sub-paragraph (c)(ii) insert—
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
b
in paragraph (10A)14, at the end of sub-paragraph (b)(i) add—
, other than where the service is performed in connection with the relevant person’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus
Regulation 3811
In paragraph (3A)15 of regulation 38 (notional capital) after sub-paragraph (b)(ii) insert—
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus;
Regulation 4112
In regulation 41 (interpretation of Part II)16—
a
immediately before the definition of “access funds”17 insert—
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;
b
in the definition of “access funds”—
i
in paragraph (a), for “and described as “access bursary funds” or “hardship funds”” substitute “for the purposes of providing funds on a discretionary basis to be paid to students”;
ii
after paragraph (c) add—
or
d
discretionary payments, known as “learner support funds”, which are made payable to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 200018 or discretionary payments made from funds known as “Financial Contingency Funds” paid to students by the National Council for Education and Training for Wales under sections 34, 35 and 37 of the Learning and Skills Act 2000
c
in the definition of “contribution”19—
i
after “Secretary of State” in the first place where those words appear, insert “, the Scottish Ministers”;
ii
for “Secretary of State” in the other two places where those words appear, substitute “the Scottish Ministers”;
d
omit the definition of “the FEFC”;
e
in the definition of “full-time course of study”—
i
in paragraph (a), from “the FEFC” to the end substitute “the Learning and Skills Council for England20 or by the National Council for Education and Training for Wales21 or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers”;
ii
for paragraph (b) substitute—
b
is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —”;
i
in the case of a course funded by the Learning and Skills Council for England, in his or her learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
ii
in the case of a course funded by the National Council for Education and Training for Wales in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
iii
in paragraph (c) for “Secretary of State for Scotland”, substitute “Scottish Ministers”;
f
g
omit the definition of “year”24.
Regulation 4313
In regulation 43 (determination of grant income)25—
a
in paragraph (3)(a)26 for “£255” substitute “£260”;
b
for paragraph (3)(b) substitute—
b
the sum of £319 towards the costs of books and equipment,
c
after paragraph (3) insert—
3A
There shall also be excluded from a student’s grant income—
a
any grant of £250 for an only or eldest dependent child payable under regulation 15(1)(c) of the Education (Student Support) Regulations 200127;
b
any grant of £500 in respect of expenditure on travel, books and equipment for the purpose of attending his or her course which is payable under regulation 15(8) of those Regulations;
c
any grant for child care costs payable under regulation 16 of those Regulations;
d
any grant in respect of a loan parent’s child care costs which is payable under regulations 4(1)(c) of the Students Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice
Regulation 4614
In regulation 46 (treatment of student loans)30—
a
in paragraph (2)31 after paragraph (a) insert—
aa
in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week immediately following that which includes the first day of that academic year and ending with the benefit week which includes the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as that given by the definition in regulation 2 of the Education (Student Support) Regulations 2002;
b
in paragraph (5)(a)32, for “£255” substitute “£260”;
c
for paragraph (5)(b) substitute—
b
the sum of £319 towards the costs of books and equipment,
Schedule 115
1
In paragraph 1 of Part I of Schedule I (applicable amounts: personal allowances)33 in the column headed “(2) Amount”—
a
in sub-paragraph 1(a), for “£42.00” substitute “£42.70”;
b
in sub-paragraph 1(b), for “£53.05” substitute “£53.95”;
c
in sub-paragraph 2(a), for “£42.00” substitute “£42.70”;
d
in sub-paragraph 2(b), for “£53.05” substitute “£53.95”;
e
in sub-paragraph 3(a), for “£63.35” substitute “£64.45”;
f
in sub-paragraph 3(b), for “£83.25” substitute “£84.65”.
2
In paragraph 2 of Part I of Schedule I, in the column headed “(2) Amount”—
a
in sub-paragraph (a), for “£31.45” substitute “£33.50”; and
b
in sub-paragraph (b), for “£32.25” substitute “£34.30”.
3
In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium), for “£14.50” substitute “£14.75”.
4
In Part III of Schedule 1 (applicable amounts: premiums),—
a
After paragraph 10, insert—
Bereavement premium10A
1
The condition is that the relevant person—
a
had, as at 9th April 2001, attained the age of 55 but not the age of 60;
b
was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the 1992 Act in respect of the death of a spouse who died on or after 9th April 2001; and
c
is a single person or a lone parent.
b
in paragraph 12(1)(a)(i), for “disability working allowance” substitute “disabled person’s tax credit”;
c
in paragraph 14(1)(a), for “£5,000 substitute “£6,000”.
5
In paragraph 18 of Part IV (applicable amounts: premiums specified in Part III),—
a
in the column headed “Amount”—
i
in sub-paragraph 1(a), for “£39.10” substitute “£44.20”;
ii
in sub-paragraph 1(b), for “£57.30” substitute “£65.15”;
iii
in sub-paragraph 2(a), for “£39.10” substitute “£44.20”;
iv
in sub-paragraph 2(b), for “£57.30” substitute “£65.15”;
v
in sub-paragraph 3(a), for “£39.10” substitute “£44.20”;
vi
in sub-paragraph 3(b), for £57.30” substitute “£65.15”;
b
after sub-paragraph 3, in the table in paragraph 18 insert the following sub-paragraph in each column—
3A
Bereavement Premium (3A) £21.55.
c
in the column headed “Amount”—
i
in sub-paragraph 4(a), for “£22.60” substitute “£23.00”;
ii
in sub-paragraph 4(b), for “£32.25” substitute “£32.80”;
iii
in sub-paragraph 5(a), for “£41.55” substitute “£42.25”;
iv
in sub-paragraph 5(b)(i), for “£41.55” substitute “£42.25”;
v
in sub-paragraph 5(b)(ii), for “£83.10” substitute “£84.50”;
vi
in sub-paragraph 6, for “£30.00” substitute “£35.50”;
vii
in sub-paragraph 7, for “£24.40” substitute “£24.80”;
viii
in sub-paragraphs 8(a) and (b), for “£11.05” substitute “£11.25”;
ix
in sub-paragraph 8(c), for “£16.00” substitute “£16.25”.
Schedule 316
In Schedule 3 (Sums to be disregarded in the determination of income other than earnings)—
a
in paragraph 2 after “incurred” insert “, or to be incurred,”;
b
in paragraph 1134, for sub-paragraph (d) substitute—
d
any child care expenses reimbursed to the relevant person in respect of his or her participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations or in the Intensive Activity Period for 50 plus;
c
after paragraph 13, insert—
13A
Subject to paragraph 31, £15 of any—
a
widowed mother’s allowance paid pursuant to section 37 of the 1992 Act;
b
widowed parent’s allowance paid pursuant to section 39A of that Act.
d
e
in paragraph 3137, for “and 13” substitute “, 13 and 13A”;
f
for paragraph 6138 substitute—
61
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—
a
the self-employment route;
b
an employment programme specified in—
i
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations (voluntary sector option of the new deal);
ii
regulation 75(1)(a)(ii)(cc) of those Regulations (environment task force option of the new deal) or;
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus.
Schedule 417
In Schedule 4 (Capital to be disregarded)—
a
in paragraph 9 at the end of sub-paragraph (c), omit “or” and at the end of sub-paragraph (d) add—
e
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
b
for paragraph 5241, substitute—
52
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in—
a
the self-employment route;
b
an employment programme specified in—
i
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations (voluntary sector option of the new deal);
ii
regulation 75(1)(a)(ii)(cc) of those Regulations (environment task force option of the new deal) or;
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
c
at the end of that Schedule42, add—
64
Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 but only for a period of 52 weeks from the date of payment.
65
The amount of a payment, other than a war pension within the meaning of section 25 of the Social Security Act 198943, to compensate for the fact that the relevant person, the relevant person’s partner, the relevant person’s deceased spouse or relevant person’s partner’s deceased spouse—
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199844
(This note is not part of the Regulations)