The Housing Renewal Grants (Amendment) (Wales) Regulations 2013

Made: 11 March 2013

Laid before the National Assembly for Wales: 11 March 2013

Coming into force: 1 April 2013

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 30 and 146 of the Housing Grants, Construction and Regeneration Act 1996[^f00001], transferred to the National Assembly for Wales[^f00002], and now vested in them[^f00003] make the following Regulations.

Title, commencement and application

1

• (1) The title of these Regulations is The Housing Renewal Grants (Amendment) (Wales) Regulations 2013 and they come into force on 1 April 2013.

• (2) These Regulations apply in relation to Wales.

Amendments to the Housing Renewal Grants Regulations 1996

2

• (1) The Housing Renewal Grants Regulations 1996[^f00004] are amended in accordance with paragraphs (2) to (9).

• (2) In regulation 2(1)[^f00005] (interpretation)—

• (a) omit the definition of “council tax benefit”; and

• (b) at the appropriate places in alphabetical order insert—

• “the 2012 Act” means the Welfare Reform Act 2012;

• “council tax reduction scheme” means a scheme made by a local authority in accordance with the Council Tax Reduction Scheme and Prescribed Requirements (Wales) Regulations 2012 or which applies in default in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992;

; and

• “personal independence payment” means a personal independence payment under Part 4 of the 2012 Act;

• (3) In regulation 10 (the applicable amount)—

• (a) omit paragraph (3)(a)(i);

• (b) omit “or” at the end of sub-paragraph (3)(a)(iv); and

• (c) after sub-paragraph (3)(a)(v) insert—

or (vi) a reduction in payment of council tax under a council tax reduction scheme.

• (4) In regulation 19 (treatment of child care charges)—

• (a) after paragraph (3)(d)(vii)[^f00006] insert—

(viii) personal independence payment;

• (b) omit “or” at the end of paragraph (3)(f);

• (c) after paragraph (3)(g) insert—

; or (h) personal independence payment would be payable but for regulations under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act

• (d) omit “or” at the end of paragraph (8)(b)(ii); and

• (e) after paragraph (8)(b)(iii) insert—

; or (iv) in respect of whom personal independence payment is payable, or would be payable but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act

• (5) In Schedule 1 (applicable amounts)—

• (a) in paragraph 12 (additional condition for the higher pensioner and disability premiums), after sub-paragraph (1)(a)(v) insert—

(vi) is in receipt of personal independence payment or would be so in receipt but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act; or

• (b) in paragraph 13 (severe disability premium)—

• (i) in sub-paragraph (2)(a)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

• (ii) in sub-paragraph (2)(b)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

• (iii) in sub-paragraph (2)(b)(ii) after “allowance” in each place it appears insert “or payment”;

• (iv) after sub-paragraph (4)(b)[^f00007] insert—

; or (c) the daily living component of personal independence payment, that person would be so in receipt but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act

; and

• (v) after sub-paragraph (5)(b) insert—

; or (c) a person receiving the daily living component of personal independence payment

• (c) in paragraph 13A (enhanced disability premium[^f00008]), after sub-paragraph (b) insert—

; or (c) the daily living component of personal independence payment is payable, or would be payable, at the enhanced rate prescribed under section 78(2) of the 2012 Act but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act

• (d) in paragraph 14 (disabled child premium) after sub-paragraph (1)(c) insert—

; or (d) is a young person who is in receipt of personal independence payment or who would be in so receipt but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, provided that the young person continues to be a member of the family

; and

• (e) in paragraph 15 (carer premium), in sub-paragraph (2)(b)[^f00009] for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”.

• (6) In Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit)[^f00010]—

• (a) in paragraph 7 (severe disability premium)—

• (i) in sub-paragraph (2)(a)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

• (ii) in sub-paragraph (2)(b)(i) for “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act” substitute “, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act or the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the 2012 Act”;

• (iii) in sub-paragraph (2)(b)(ii) after “allowance” in each place it appears insert “or payment”; and

• (iv) after sub-paragraph (5)(b) insert—

; or (c) a person receiving the daily living component of personal independence payment prescribed in accordance with section 78 of the 2012 Act at the standard or enhanced rate, if that person would be so in receipt but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act;

• (b) for paragraph 8 (enhanced disability premium) substitute—

(8) The condition is that— (a) the care component of disability living allowance is, or would be, payable at the highest rate prescribed under section 72(3) of the 1992 Act , but for a suspension of benefit in accordance with regulations under section 113(2) of the 1992 Act or but for an abatement as a consequence of hospitalisation; or (b) the daily living component of personal independence payment is, or would be payable at the enhanced rate under section 78(2) of the 2012 Act, but for regulations under section 85 (care home residents) or section 86(1) (hospital in-patients) of that Act, in respect of a child or young person who is a member of the relevant person’s family.

; and

• (c) in paragraph 9 (disabled child premium), after sub-paragraph (1)(c) insert—

; or (d) is a young person who is in receipt of personal independence payment or who would be so in receipt but for regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the 2012 Act, provided that the young person continues to be a member of the family.

• (7) In paragraph 12(a) of Schedule 2 (sums to be disregarded in the determination of earnings)—

• (a) omit the words “council tax benefit”;

• (b) omit “or” after “income-related employment and support allowance”; and

• (c) after “income support” insert “, or a payment made under a council tax reduction scheme”.

• (8) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

• (a) in paragraph 4(a)—

• (i) omit the words “council tax benefit”;

• (ii) omit “or” after “income-related employment and support allowance”; and

• (iii) after “income support” insert “, or a payment made under a council tax reduction scheme”;

• (b) in paragraph 5, after “disability living allowance” insert “or personal independence payment”; and

• (c) omit paragraph 49.

• (9) In Schedule 4 (capital to be disregarded)—

• (a) in paragraph 6(a)—

• (i) omit the words “council tax benefit”;

• (ii) omit “or” after “income-related employment and support allowance”; and

• (iii) after “income support” insert “,or a payment made under a council tax reduction scheme”;

• (b) omit paragraph 45.

Signed

Huw Lewis — Minister for Housing, Regeneration and Heritage, one of the Welsh Ministers — 11 March 2013

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend (in relation to Wales) the Housing Renewal Grants Regulations 1996 (S.I. 1996/2890) (“the principal Regulations”), which set out the means test for determining the amount of grant which may be paid by local housing authorities under Chapter 1 of Part 1 of the Housing Grants, Construction and Regeneration Act 1996.

The Welfare Reform Act 2012 (“the 2012 Act”) makes substantive changes to the current welfare benefits system.

Section 33 of the 2012 Act abolishes Council Tax Benefit, which is replaced, in Wales, by Council Tax Reduction Schemes made by local authorities or, in default, by the Welsh Ministers.

Part 4 of the 2012 Act introduces Personal Independence Payment, which replaces Disability Living Allowance, in respect of persons between the ages of 16 and 64.

Amendments to the principal Regulations effect these changes.

Footnotes

[^f00001]: 1996 c. 53.

[^f00002]: Powers of the Secretary of State under sections 30 and 146 of the Housing Grants, Construction and Regeneration Act 1996 were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

[^f00003]: Powers of the National Assembly for Wales under sections 30 and 146 of the Housing Grants, Construction and Regeneration Act 1996 were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00004]: S.I. 1996/2890.

[^f00005]: There are amendments to regulation 2(1) not relevant to these Regulations.

[^f00006]: There is an amendment to regulation 19(3) not relevant to these Regulations.

[^f00007]: There is an amendment to paragraph 13(4)(b) not relevant to these Regulations.

[^f00008]: Paragraph 13A was inserted in relation to Wales by S.I. 2001/2073.

[^f00009]: Paragraph 15(2) was amended in relation to Wales by S.I. 2004/253.

[^f00010]: Schedule 1A was inserted in relation to Wales by S.I. 2006/2801.