The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990

• (i) by way of retirement but only if on retirement he is entitled to a retirement pension under the 1975 Act, or would be so entitled if he satisfied the contribution conditions;

• (ii) otherwise than by retirement, except earnings to which regulation 21(1)(b) to (e) and (g) to (i) (earnings of employed earners) applies;

• (b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 21(1)(d) and (e) applies.

2

In the case of a relevant person who has been engaged in part-time employment as an employed earner or had the employment been in Great Britain would have been so engaged, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted except earnings to which regulation 21(1)(e) applies.

3

• (1) In a case to which this paragraph applies, £15; but notwithstanding regulation 15 (determination of income and capital of members of a relevant person’s family and of a polygamous marriage) if this paragraph applies to a relevant person it shall not apply to his partner except where, and to the extent that, the earnings of the relevant person which are to be disregarded under this paragraph are less than £15.

• (2) This paragraph applies where the relevant person’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 1 (applicable amounts).

• (3) This paragraph applies where–

• (a) the relevant person is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 1 being applicable, include an amount by way of the disability premium under that Schedule; and

• (b) he or his partner is under the age of 60 and at least one is engaged in employment.

• (4) This paragraph applies where–

• (a) the relevant person’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 1; and

• (b) the relevant person or, if he is a member of a couple, either he or his partner has attained the age of 60; and

• (c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the relevant person would have been entitled by virtue of sub-paragraph (2) to a disregard of £15; and

• (d) he or, if he is a member of a couple, he or his partner has continued in employment.

• (5) This paragraph applies where–

• (a) the relevant person is a member of a couple and his applicable amount would include an amount by way of the disability premium under Schedule 1, but for–

• (i) the pensioner premium for persons aged 75 and over under that Schedule being applicable, or

• (ii) the higher pensioner premium under that Schedule being applicable; and

• (b) he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in employment.

• (6) This paragraph applies where–

• (a) the relevant person is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

• (b) immediately before the younger member attained that age either member was engaged in employment and the relevant person would have been entitled by virtue of sub-paragraph (5) to a disregard of £15; and

• (c) either he or his partner has continued in employment.

• (7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the relevant person or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment.

4

If an amount by way of a lone parent premium under Schedule 1 is included in the determination of the relevant person’s applicable amount, £15.

5

In a case where paragraph 3 does not apply to the relevant person and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 15 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), if this paragraph applies to a relevant person it shall not apply to his partner except where, and to the extent that, the earnings of the relevant person which are to be disregarded under this paragraph are less than £10.

6

• (1) In a case to which neither paragraph 3 nor 4 applies to the relevant person, £15 of earnings derived from one or more employments as–

• (a) a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959[^f00063];

• (b) an auxiliary coastguard in respect of coast rescue activities;

• (c) a person engaged part-time in the manning or launching of a life-boat;

• (d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00064];

but, notwithstanding regulation 15 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), if this paragraph applies to a relevant person it shall not apply to his partner except to the extent specified in sub-paragraph (2).

• (2) If the relevant person’s partner is engaged in employment–

• (a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the relevant person’s earnings disregarded under this paragraph exceed £15;

• (b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the applicant’s earnings disregarded under this paragraph exceed £15.

7

Where the relevant person is engaged in one or more employments specified in paragraph 6(1), but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single person, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 6 exceed £15.

8

In a case to which none of the paragraphs 3 to 7 applies, £5.

9

Any amount or the balance of any amount which would fall to be disregarded under paragraph 17, 18 or 27 of Schedule 3 had the relevant person’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

10

Where a relevant person is in receipt of income support, his earnings.

11

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

12

Where a payment of earnings is made in a currency other than sterling, any banking charges or commission payable in converting that payment into sterling.

13

Any earnings of a child or young person except earnings to which paragraph 14 applies.

14

In the case of earnings of a young person who has ceased full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child)[^f00065] and who is engaged in remunerative work–

• (a) if an amount by way of a disabled child premium under Schedule 1 is included in the determination of his applicable amount, £15;

• (b) in any other case, £5.

15

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 24 hours a week.

SCHEDULE 3 — SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS

1

Any amount paid by way of tax on income which is to be taken into account under regulation 26 (determination of income other than earnings).

2

Any payment in respect of any expenses incurred by a relevant person who is–

• (a) engaged by a charitable or voluntary body, or

• (b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 28(4) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a relevant person is in receipt of income support, the whole of his income.

5

Any mobility allowance under section 37A of the 1975 Act[^f00066].

6

Any concessionary payment made to compensate for the non-payment of–

• (a) any payment specified in paragraph 5 or 8;

• (b) income support.

7

Any mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983[^f00067] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00068] or any payment intended to compensate for the non-payment of such a supplement.

8

Any attendance allowance.

9

Any payment to the relevant person as holder of the Victoria Cross or of the George Cross or any analogous payment.

10

Any sum in respect of a course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944[^f00069] (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962[^f00070] (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980[^f00071] (power to assist persons to take advantage of educational facilities).

11

In the case of a relevant person participating in arrangements for training made under section 2 of the Employment and Training Act 1973[^f00072] or attending a course at an employment rehabilitation centre established under that section–

• (a) any travelling expenses reimbursed to the relevant person;

• (b) if he receives an allowance under section 2(2)(d) of that Act, such amount, if any, of that allowance expressed to be a living away from home allowance;

• (c) any training premium,

but this paragraph, except insofar as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.

12

Any Job Start Allowance payable under section 2(1) of the Employment and Training Act 1973.

13

Subject to paragraph 33, £10 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children or a payment to which paragraph 34 applies; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments falls to be taken into account in any one week they shall be treated as though they were one such payment.

14

Subject to paragraph 33, £10 of any of the following, namely

• (a) war disablement pension or war widow’s pension or a payment made to compensate for the non-payment of such a pension;

• (b) a pension paid under the social security scheme of a country outside Great Britain and which either–

• (i) is analogous to a war disablement pension, or

• (ii) is paid to a war widow in respect of a person’s death but is otherwise analogous to such a pension;

• (c) a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it, or of the Republic of Austria, to victims of National Socialist persecution.

15

• (1) Any income derived from capital to which the relevant person is or is treated under regulation 36 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4.

• (2) Income derived from capital disregarded under paragraphs 3(a), 5, 25 or 26 of Schedule 4 but only to the extent of

• (a) any mortgage payments or payment of rates made in respect of the dwelling or buildings, or

• (b) any standard community charge, or community water charge under the Abolition of Domestic Rates (Scotland) Act 1987[^f00073], which the relevant person is liable to pay in respect of the dwelling or building,

in the period during which that income accrued.

16

Where a relevant person receives income under an annuity purchased with a loan which satisfies the following conditions–

• (a) that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

• (b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

• (c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

• (d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

• (e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis, equal to–

• (i) where, or in so far as, section 369 of the Income and Corporation Taxes Act 1988[^f00074] (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due,

• (ii) in any other case the interest which is payable on the loan without deduction of such a sum.

17

Where the relevant person makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating–

• (a) under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962[^f00075], that student’s award under that section;

• (b) that student’s award under section 2 of that Act; or

• (c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980[^f00076], that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

18

• (1) Where the relevant person is the parent of a student aged under 25 in advanced education who either–

• (a) is not in receipt of any award or grant in respect of that education; or

• (b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,

and the relevant person makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 17, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

• (2) For the purposes of sub-paragraph (1), the amount shall be equal to–

• (a) the weekly amount of the payments; or

• (b) the amount by way of a personal allowance for a single person under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

19

Any payment made to the relevant person by a child or young person or a non-dependant.

20

Where the relevant person occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 19 refers and that person is contractually liable to make payments in respect of his occupation of the dwelling to the relevant person–

• (a) £4 of any payment made by that person; and

• (b) a further £7.35, where that payment is inclusive of an amount for heating.

21

Any income in kind.

22

Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

23

• (1) Any payment made to the relevant person in respect of a person who is a member of his family–

• (a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958[^f00077] or, as the case may be, section 51 of the Adoption (Scotland) Act 1978[^f00078] (schemes for payments of allowances to adopters);

• (b) which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975[^f00079] (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

to the extent specified in sub-paragraph (2).

• (2) In the case of a child or young person–

• (a) to whom regulation 29(2) applies (capital in excess of £5,000), the whole payment;

• (b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

24

Any payment made by a local authority to the relevant person with whom a person is boarded out by virtue of arrangements made under section 21(1)(a) of the Child Care Act 1980[^f00080] or, as the case may be, section 21 of the Social Work (Scotland) Act 1968[^f00081] or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding-out and Fostering of Children (Scotland) Regulations 1985[^f00082] (provision of accommodation and maintenance for children in care).

25

Any payment made by a health authority, local authority or voluntary organisation to the relevant person in respect of a person who is not normally a member of the relevant person’s household but is temporarily in his care.

26

Any payment made by a local authority under section 1, 27, or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (duty of local authorities to promote welfare of children and powers to grant financial assistance to persons under 21 in, or formerly in, their care).

27

An amount equal to any maintenance payment made by the relevant person to his former partner or in respect of his children other than children who are members of his household.

28

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the relevant person occupies as his only or main residence and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

29

Any payment of income which by virtue of regulation 32 (income treated as capital) is to be treated as capital.

30

Any social fund payment.

31

Any payment under paragraph 2 of Schedule 6 to the 1986 Act (pensioners' Christmas bonus).

32

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

33

The total of a relevant person’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 15(3) (determination of income and capital of members of relevant person’s family and of a polygamous marriage) to be disregarded under paragraphs 13 and 14 shall in no case exceed £10 per week.

34

Any payment made under the Macfarlane Trust, the MacFarlane (Special Payments) Trust or the Independent Living Fund.

35

Any housing benefit and any housing benefit in the form of a community charge rebate.

36

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

37

Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983[^f00083].

38

Any resettlement benefit which is paid to the relevant person by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987[^f00084].

39

Any community charge benefit.

40

Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988[^f00085] or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987[^f00086] (reduction of liablity for personal community charges).

41

Where the relevant person occupies a dwelling as his only or main residence and that dwelling is also occupied by a boarder who makes payments to the relevant person in respect of his occupation–

• (a) £20.00 of any payment made by that boarder; and

• (b) if the payment exceeds £20.00, 50% of the excess.

42

Any special war widows payment made under–

• (a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00087];

• (b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977[^f00088];

• (c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917[^f00089];

• (d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00090];

• (e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980[^f00091];

and any analogous payments made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.

43

Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

SCHEDULE 4 — CAPITAL TO BE DISREGARDED

1

The dwelling or building to which the application relates.

2

Any one dwelling normally occupied by the relevant person as his only or main residence including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated; but, notwithstanding regulation 15 (determination of income and capital of members of relevant person’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

3

Any dwelling which the relevant person intends to occupy as his only or main residence and–

• (a) which he acquires for occupation, and intends to occupy as such residence within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the relevant person to obtain possession and commence occupation, or

• (b) in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings, whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation, or

• (c) to which essential repairs or alterations are required in order to render it fit for such occupation, for such period as is necessary to enable those repairs or alterations to be carried out,

but, notwithstanding regulation 15 (determination of income and capital of members of relevant person’s family and of a polygamous marriage) only one dwelling shall be disregarded under this paragraph.

4

• (1) Subject to sub-paragraph (2), any sum directly attributable to the proceeds of sale of any dwelling formerly occupied by the relevant person as his only or main residence to the extent to which it is to be used for the purchase of either–

• (a) the dwelling or building to which the application relates, or

• (b) any dwelling, other than that to which the application relates, which is intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the relevant person to complete the purchase.

• (2)

• (a) Sub-paragraph (1) shall not apply where a dwelling is disregarded under paragraph 26;

• (b) sub-paragraph (1)(b) shall not apply where a dwelling is disregarded under paragraph 3.

5

Any dwelling occupied in whole or in part–

• (a) by a partner, close relative, grandparent, grandchild, uncle, aunt, nephew or niece of any member of the family of the relevant person where that person is either aged 60 or over or incapacitated;

• (b) by the former partner of the relevant person as his only or main residence; but this provision shall not apply where the former partner is a person from whom the relevant person is estranged or divorced.

6

Where a relevant person is in receipt of income support, the whole of his capital.

7

Any reversionary interest.

8

The assets of any business owned in whole or in part by the relevant person and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

9

• (1) Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of,–

• (a) any payment specified in paragraph 5, 7 or 8 of Schedule 3;

• (b) an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970[^f00092] or housing benefit under Part II of the Social Security and Housing Benefits Act 1982[^f00093].

• (2) In this paragraph, “supplementary benefit” has the same meaning as in the 1986 Act.

10

• (1) Subject to sub-paragraph (2), any sum–

• (a) paid to the relevant person in consequence of damage to or loss of his only or main residence or any personal possession and intended for its repair or replacement; or

• (b) acquired by the relevant person (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to his only or main residence,

which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

• (2) A sum to which sub-paragraph 1(b) applies shall be disregarded under this paragraph to the extent only that it is not for carrying out works to which the application relates.

11

Any sum–

• (a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985[^f00094] as a condition of occupying the only or main residence;

• (b) which was so deposited and which is to be used for the purchase of another dwelling being the only or main residence, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the relevant person to complete the purchase.

12

Any personal possessions except those which have been acquired by the relevant person with the intention of reducing his capital in order to increase the amount of grant.

13

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

14

• (1) Subject to sub-paragraph (2), where the funds of a trust are derived from a payment made in consequence of any personal injury to the relevant person the value of the trust fund and the value of the right to receive any payment under that trust, for a period of 2 years or such longer period as is reasonable in the circumstances, beginning on the date of the payment, but, for the purposes of regulations 12, 13 and 29(2) (applicable amounts, polygamous marriages and modifications in respect of children and young persons), in determining the capital of a child or young person there shall be no limit as to the period of disregard under this sub-paragraph.

• (2) Any value to which sub-paragraph (1) applies shall be disregarded under this paragraph to the extent only that it does not represent funds or a payment which are for carrying out works to which the application relates.

15

The value of the right to receive any income under a life interest or from a life rent.

16

The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 2 or paragraph 22 of Schedule 3.

17

The surrender value of any policy of life insurance.

18

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

19

Any payment made under section 1, 27 or 29 of the Child Care Act 1980[^f00095] or, as the case may be, section 12, 24, or 26 of the Social Work (Scotland) Act 1968[^f00096] (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in or formerly in their care).

20

Any social fund payment.

21

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988[^f00097] (mortgage interest payment under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the only or main residence or carrying out repairs or improvements to that residence.

22

Any capital which by virtue of regulation 27 (capital treated as income) is to be treated as income.

23

Where any payment of capital is made in currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

24

Any payment made under the Macfarlane Trust, the MacFarlane (Special Payments) Trust or the Independent Living Fund and any sum derived from such a payment.

25

• (1) Where a relevant person has ceased to occupy what was formerly the dwelling occupied as the only or main residence following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling, or where the dwelling is occupied by the former partner who is a lone parent, for so long as it is so occupied.

• (2) In this paragraph “dwelling” includes any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.

26

Any premises where the relevant person is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

27

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

28

Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

29

The value of the right to receive an occupational pension.

30

The value of the right to receive any rent.

31

Any payment in kind made by a charity or under the MacFarlane (Special Payments) Trust.

32

Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973[^f00098] (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section.

33

Any housing benefit, or housing benefit in the form of a community charge rebate.

34

Any community charge benefit.

35

Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988[^f00099] or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987[^f00100] (reduction of liability for personal community charge).

36

• (1) Subject to sub-paragraph (2), any grant made to the relevant person in accordance with a scheme made under section 129 of the Housing Act 1988[^f00101] or section 66 of the Housing (Scotland) Act 1988[^f00102] (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used–

• (a) to purchase premises intended for occupation as his only or main residence; or

• (b) to carry out repairs or alterations which are required to render premises fit for such occupation,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the relevant person to commence such occupation.

• (2) A grant to which sub-paragraph (1) applies shall be disregarded under this paragraph to the extent only that it is not for carrying out works to which the application relates.

Signed

Chris Patten — Secretary of State for the Environment — 24th May 1990

David Hunt — Secretary of State for Wales — 24th May 1990

We consent,

John Taylor — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 5th June 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for reduction of 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 Part VIII of the Local Government and Housing Act 1989.

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 5) and makes 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 person (“relevant 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 6 and 7). It also sets 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 (regulations 8 and 9).

Part II specifies the amount by which a grant is to be reduced in various circumstances (regulations 10 and 11).

Part III and Schedule 1 provide for the determination of the applicable amount of a relevant person, and with respect to polygamous marriages (regulations 12 and 13).

Part IV 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. Determination of capital is also dealt with; capital to be disregarded is set out in Schedule 4 (regulations 14 to 37).

Part V provides for the treatment of students (regulations 38 to 43).

Footnotes

[^f00001]: 1989 c. 42.

[^f00002]: 1975 c. 14.

[^f00003]: 1986 c. 50.

[^f00004]: Section 35 was amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 63, the Social Security Act 1979 (c. 18), section 2 and by the Social Security Act 1980 (c. 30), Schedule 1, Part II, paragraph 8.

[^f00005]: Sub-sections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50), Schedule 3, paragraph 6.

[^f00006]: 1975 c. 16.

[^f00007]: S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675.

[^f00008]: Section 84(1) was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 19(e).

[^f00009]: 1975 c. 61.

[^f00010]: Part II was amended by Schedule 10 to the Local Government Finance Act 1988 (c. 41).

[^f00011]: 1977 c. 49; this definition was substituted by paragraph 11 of Schedule 3 to the Health and Social Security Act 1984 (c. 48).

[^f00012]: Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60) and amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 64, the Social Security Act 1979 (c. 18), section 3 and the Social Security Act 1986, section 71 and Schedule 11.

[^f00013]: 1967 c. 9.

[^f00014]: 1947 c. 43 (10 & 11 Geo. 6).

[^f00015]: 1980 c. 45.

[^f00016]: S.I. 1987/1971; the definition was inserted by S.I. 1990/546, regulation 2(b).

[^f00017]: The definitions were amended by the Income and Corporation Taxes Act 1988 (c. 1), Schedule 29, paragraph 32, Table.

[^f00018]: 1988 c. 1.

[^f00019]: S.I. 1987/1967; regulation 12 was substituted be regulation 5 of S.I. 1990/547.

[^f00020]: 1975 c. 61; section 2 was amended by sections 4 and 8 of, and Schedule 5, Part I to, the Social Security Act 1980 (c. 30), section 70 of the Social Security Act 1986 and section 4(3) of the Social Security Act 1988(c. 7).

[^f00021]: S.I. 1983/1964.

[^f00022]: S.I. 1984/988.

[^f00023]: 1955 c. 18.

[^f00024]: 1955 c. 19.

[^f00025]: 1957 c. 53.

[^f00026]: 1958 c. 5.

[^f00027]: 1958 c. 40.

[^f00028]: 1958 c. 65.

[^f00029]: 1968 c. 49.

[^f00030]: 1969 c. 46.

[^f00031]: 1969 c. 54.

[^f00032]: 1973 c. 18.

[^f00033]: 1973 c. 29.

[^f00034]: 1975 c. 72.

[^f00035]: 1978 c. 22.

[^f00036]: 1978 c. 28.

[^f00037]: 1980 c. 5.

[^f00038]: 1980 c. 6.

[^f00039]: 1978 c. 44; section 68(2) was amended by section 21 and Schedule 3, paragraph 21 of the Employment Act 1982 (c. 46); section 71(2) was amended by sections 5 and 21, Schedule 3, paragraph 22 and Schedule 4 of the Employment Act 1982.

[^f00040]: 1977 c. 5; section 18(2) was amended by section 159 and Schedule 16, paragraph 29 of the Employment Protection (Consolidation) Act 1978 (c. 44) and by section 86(2) of, and Schedule 10, Part IV, paragraph 75 and Schedule 11 to, the Social Security Act 1986 (c. 50).

[^f00041]: 1982 c. 24.

[^f00042]: See sections 1(2) and 4 of the Social Security Act 1975 (c. 14); section 4 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, paragraph 36(a), the Education (School-leaving Dates) Act 1976 (c. 5), section 2(4), the Social Security Act 1979 (c. 18), section 14(1), the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 5, the Social Security Act 1985 (c. 53), sections 7(1) and (2) and 8(1) and the Social Security Act 1986, sections 74(1)(a) and (2) and Schedule 10, paragraph 104 and S.I. 1990/321, article 2.

[^f00043]: 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).

[^f00044]: S.I. 1975/529.

[^f00045]: 1988 c. 1; section 257 was amended by section 25(1) of the Finance Act 1988 (c. 39), and see section 35 and Schedule 3, paragraph 5.

[^f00046]: Section 7(1) was amended by section 2(4) of the Education (School-leaving Dates) Act 1976 (c. 5), section 17(1) of the Health and Social Security Act 1984 (c. 48), and article 3 of S.I. 1990/321.

[^f00047]: Section 7(5) was amended by article 3 of S.I. 1989/26.

[^f00048]: Section 9 was amended by section 4 of, and Schedule 5 to, the Social Security Pensions Act 1975 (c. 60), by the Social Security (Contributions) Act 1982 (c. 2), section 1 and by article 5 of S.I. 1990/321.

[^f00049]: S.I. 1987/1971; the relevant amending instrument is S.I. 1988/1971.

[^f00050]: S.I. 1987/1971, amended by S.I. 1988/1971.

[^f00051]: S.I. 1988/1360.

[^f00052]: Section 15 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, paragraph 40, the Social Security Act 1979 (c. 18), Schedule 1, paragraph 1 and Schedule 3, paragraph 7, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, Part I, paragraph 10 and the Social Security Act 1986 (c. 50), Schedule 10, Part V, paragraph 83.

[^f00053]: Section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11; and subsection (4A) of that section inserted by the Social Security Act 1985 (c. 53), Schedule 4, paragraph 3 and amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 6 and Schedule 9.

[^f00054]: S.I. 1975/598; the relevant amending instrument is S.I. 1983/1015.

[^f00055]: 1977 c. 49; section 5(2) was amended and subsection (2A) added by the Public Health Laboratory Service Act 1979 (c. 23), section 1, and subsection (2B) added by section 9 of the Health and Social Security Act 1984 (c. 48).

[^f00056]: 1978 c. 29.

[^f00057]: 1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113 and 114 and Schedule 4; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Employment and Training Act 1973 (c. 50), Schedule 3, paragraph 3; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 6 and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 10, Part I.

[^f00058]: 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.

[^f00059]: S.I. 1976/615; relevant amending instruments are S.I. 1982/699 and 1987/409.

[^f00060]: Section 37 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(2) and the Social Security Act 1986 (c. 50), section 37 and Schedule 11.

[^f00061]: S.I. 1975/555; relevant amending instruments are S.I. 1977/1693 and 1987/1683.

[^f00062]: 1982 c. 24.

[^f00063]: 1947 c. 41, 1951 c. 27, 1959 c. 44.

[^f00064]: S.I. 1979/591; Part I of Schedule 3 was substituted by S.I. 1980/1975.

[^f00065]: 1975 c. 61; section 2 was amended by sections 4 and 8 of, and Schedule 5, Part I to, the Social Security Act 1980 (c. 30), section 70 of the Social Security Act 1986 (c. 50) and section 4(3) of the Social Security Act 1988 (c. 7).

[^f00066]: Section 37A was inserted by section 22(1) of the Social Security Pensions Act 1975 (c. 60), and amended by the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 64, the Social Security Act 1979 (c. 18), section 3 and the Social Security Act 1986 (c. 50), section 71 and Schedule 11.

[^f00067]: S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592 and 1989/156.

[^f00068]: S.I. 1983/686; article 25A was added by S.I. 1983/1164 and amended by S.I. 1986/628 and 1989/415.

[^f00069]: 1944 c. 31, amended by S.I. 1964/490.

[^f00070]: 1962 c. 12; section 2(1) was substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20).

[^f00071]: 1980 c. 44.

[^f00072]: 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19).

[^f00073]: 1987 c. 47.

[^f00074]: 1988 c. 1.

[^f00075]: 1962 c. 12; sections 1 and 2 were substituted by section 19 and Schedule 5 of the Education Act 1980 (c. 20) and section 1(3) amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11) and see the Education (Mandatory Awards) Regulations 1988 (S.I. 1988/1360).

[^f00076]: 1980 c. 44 and see the Education Authority Bursaries (Scotland) Regulations 1986 (S.I. 1986/1227).

[^f00077]: 1958 c. 5 (7 & 8 Eliz. 2); subsection (4) of section 50 was added by section 32 of the Children Act 1975 (c. 72).

[^f00078]: 1978 c. 28.

[^f00079]: 1975 c. 72, as amended by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00080]: 1980 c. 5, amended by Schedule 2, paragraph 49 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

[^f00081]: 1968 c. 49.

[^f00082]: S.I. 1985/1799.

[^f00083]: S.I. 1983/1399; relevant amending instruments are S.I. 1984/282 and 1986/1293.

[^f00084]: S.I. 1987/1683.

[^f00085]: 1988 c. 41; section 13A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 5.

[^f00086]: 1987 c. 47; section 9A was inserted by section 143 of the Local Government and Housing Act 1989.

[^f00087]: 1865 c. 73. Copies of the Order are available from: Ministry of Defence, NPC2, Room 317 Archway Block South, Old Admiralty Building, Spring Gardens, London SW1A 2BE.

[^f00088]: Army Code No. 13045 published by HMSO.

[^f00089]: 1917 c. 51. Queen’s Regulations for the Royal Air Force are available from HMSO.

[^f00090]: 1980 c. 9. Copies of the Regulations are available from: Ministry of Defence at the address given in footnote (e) above.

[^f00091]: Army Code 60589 published by HMSO.

[^f00092]: 1970 c. 55.

[^f00093]: 1982 c. 24.

[^f00094]: 1985 c. 69.

[^f00095]: 1980 c. 5.

[^f00096]: 1968 c. 49.

[^f00097]: 1988 c. 1.

[^f00098]: 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25.

[^f00099]: 1988 c. 41; section 13A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 5.

[^f00100]: 1987 c. 47; section 9A was inserted by section 143 of the Local Government and Housing Act 1989.

[^f00101]: 1988 c. 50.

[^f00102]: 1988 c. 43.