text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994 and shall come into force on 4th April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Local Government and Housing Act 1989;
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“application” means an application within section 109(1) of the Act;
“assessment period” means such period as is prescribed in regulations 17 to 19 over which income falls to be determined;
“attendance allowance” means —
an attendance allowance under Part III of the 1992 Act;
an increase of disablement pension under section 104 of that Act;
a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to that Act (constant attendance allowance);
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to that Act (industrial diseases benefit schemes);
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
any payment based on need for attendance which is paid as part of a war disablement pension;
“child” means a person under the age of 16;
“child benefit” means child benefit under Part IX of the 1992 Act;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“community charge benefits” means community charge benefits under Part VII of the 1992 Act;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the 1992 Act are charged;
“council tax benefit” means council tax benefit under Part VII of the 1992 Act as amended by the Local Government and Finance Act 1992 (c. 14) , section 103 and Schedule 9;
“disability living allowance” means a disability living allowance under Part III of the 1992 Act;
“disability working allowance” means a disability working allowanceunder section 123 of that Act;
“earnings” has the meaning given by regulation 21 or, as the case may be, 23;
“employed earner” shall be construed in accordance with section 2(1)(a) of the 1992 Act;
“family” means —
a married or unmarried couple;
a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person;
a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a young person;
“ the Fund ” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992, or, in Scotland, on 10th April 1992;
“health authority” has the same meaning as in section 128(1) of the National Health Service Act 1977 ;
“housing benefit” means housing benefit under Part VII of the 1992 Act;
“income-related benefit” means any benefit to which section 123 of that Act refers;
“income support” means income support under Part VII of that Act;
“the Independent Living (Extension) Fund ” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Fund ” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Independent Living (1993) Fund ” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Funds ” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or electric power supplied for use on the road and to be controlled by the occupant;
“local authority” means —
in relation to England and Wales, the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly; and
in relation to Scotland, an islands or district council;
“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act ;
“the MacFarlane Trust ” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
“the MacFarlane (Special Payments) Trust ” means the trust of that name, established on 29th January 1990, partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
“the MacFarlane (Special Payments) (No.2) Trust ” means the trust of that name, established on 3rd May 1991, partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the MacFarlane Trusts ” means the MacFarlane Trust, the MacFarlane (Special Payments) Trust and the MacFarlane (Special Payments) (No.2) Trust;
“married couple” has the meaning given by section 137(1) of the 1992 Act;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
“member of a couple” means a member of a married or unmarried couple;
“mobility supplement” means a supplement to which paragraph 7 of Schedule 3 refers;
“net earnings” means such earnings as are determined in accordance withregulation 22;
“net profit” means such profit as is determined in accordance with regulation 24;
“non-dependant” has the meaning given by regulation 4;
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“partner” means —
where a person is a member of a married or unmarried couple, the other member of that couple; or
where a person is polygamously married to two or more members of his household, any such member;
“payment” includes part of a payment;
“personal pension scheme” has the same meaning as in section 191 of the Social Security Administration Act 1992 and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“qualifying person” means a person in respect of whom payment has been made from the Fund;
“rates” means —
in relation to England and Wales, any amount payable under any of sections 43, 45 or 54 of the Local Government Finance Act 1988 (non-domestic rates) and includes any sum payable on account of any such amount; and
in relation to Scotland, any amount payable under section 3 of the Abolition of Domestic Rates Etc.(Scotland) Act 1987 (non-domestic rates) and includes any sum payable on account of any such amount;
“relevant person” has the meaning given by regulation 3;
“remunerative work” has the meaning given by regulation 5;
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the 1992 Act;
“single person” means a person who neither has a partner nor is a lone parent;
“social fund payment” means a payment pursuant to Part VIII of the 1992 Act;
“student” has the meaning given in regulation 38;
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976
“training allowance” has the meaning given by regulation 2(1) of the Housing Benefit (General) Regulations 1987
“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife;
“war disablement pension” and “war widow’s pension” have the meanings respectively given by section 150(2) of the 1992 Act;
“water charges” means —
in relation to England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991 ;
in relation to Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc.(Scotland) Act 1987 , or any water charges under Part I of Schedule 11 to the Local Government Finance Act 1992 ,
in so far as such charges are in respect of the dwelling which a person occupies as his only or main residence;
“year of assessment” has the meaning given by section 832(1) of the Income and Corporation Taxes Act 1988 ;
“young person” means a person, not being a person who is in receipt of income support or a person who is receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987 (relevant education), aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the 1992 Act (meaning of child).
2
For the purposes of these Regulations, two persons shall be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Definition of relevant person
3
1
Subject to paragraphs (2) and (3), in respect of any one application a relevant person is any person who —
a
is an applicant, or
b
is not an applicant but is entitled to make the application and lives or intends to live in the dwelling or, as the case may be, a flat in the building or,
c
where the application is for a disabled facilities grant, is the disabled occupant or one of the disabled occupants and is neither a person to whom sub-paragraph (a) or (b) applies nor a child or young person.
2
Where any of sub-paragraphs (a), (b) or (c) of paragraph (1) applies to both members of a couple or to more than one member of a polygamous marriage, one member only of that couple or of that polygamous marriage shall be a relevant person in respect of that application.
3
A young person shall not be a relevant person except where he is the only applicant.
Definition of non-dependant
4
1
In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a relevant person.
2
This paragraph applies to —
a
any member of the relevant person’s family;
b
if the relevant person is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;
c
a child or young person who is living with the relevant person but who is not a member of his household by virtue of regulation 7 (membership of the same household);
d
subject to paragraph (3), a person who jointly occupies the relevant person’s dwelling and is either a co-owner of that dwelling with the relevant person or his partner (whether or not there are other co-owners) or is liable with the relevant person or his partner to make payments in respect of his occupation of the dwelling;
e
subject to paragraph (3) —
i
any person who is liable to make payments on a commercial basis to the relevant person or the relevant person’s partner in respect of the occupation of the dwelling,
ii
any person to whom or to whose partner the relevant person or the relevant person’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling, or
iii
any other member of the household of the person to whom or to whose partner the relevant person or the relevant person’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;
f
a person who lives with the relevant person in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the relevant person or his partner for the services provided by that person.
3
Excepting persons to whom sub-paragraphs (a) to (c) and (f) of paragraph 2 refer, a person shall be a non-dependant if he resides with a relevant person to whom he is liable to make payments in respect of the dwelling and either —
a
that relevant person is a close relative of his or his partner, or
b
the tenancy or other agreement between them is other than on a commercial basis.
4
For the purposes of this regulation —
a
a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord;
b
“communal area” means an area, other than a room or rooms, of common access (including halls and passageways).
Remunerative work
5
1
Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.
2
In determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over
a
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);
b
in any other case, the period of 5 weeks immediately prior to the date of the application, or such other length of time as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately.
3
Where no recognisable cycle has been established in respect of a person’s work, regard shall be had to the number of hours or, where those hours fluctuate, the average of the hours, which he is expected to work in a week.
4
A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
5
A person in receipt of income support for more than 3 days in any period of 7 consecutive days commencing upon a Monday and ending on a Sunday shall be treated as not being in remunerative work in that week.
6
A person shall not be treated as engaged in remunerative work on any day on which that person is on maternity leave or is absent from work because he is ill.
Circumstances in which a person is to be treated as responsible or not responsible for another
6
1
Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person who is normally living with him.
2
Where there is a question as to which person a child or young person is normally living with, the child or young person shall be treated for the purposes of paragraph (1) as normally living with —
a
the person who is receiving child benefit in respect of him; or
b
if there is no such person —
i
where only one claim for child benefit has been made in respect of him, the person who made that claim, or
ii
in any other case the person who has the primary responsibility for him.
3
For the purposes of these Regulations any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the household
7
1
Subject to paragraphs (2) to (4), a relevant person and any partner and, where the relevant person or his partner is treated as responsible by virtue of regulation 6 for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.
2
Paragraph (1) shall not apply to a person who is living away from the other members of his family where —
a
that person does not intend to resume living with the other members of his family; or
b
his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.
3
A child or young person shall n ot be treated as a member of the relevant person’s household where he is —
a
placed with the relevant person or his partner by a local authority under section 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
b
placed with the relevant person or his partner prior to adoption; or
c
placed for adoption with the relevant person or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984 .
4
Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the relevant person and who —
a
is being looked after by a local authority under a relevant enactment; or
b
has been placed with a person other than the relevant person prior to adoption; or
c
has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984.
5
A child or young person to whom paragraph (3)(a) applies shall be treated as being a member of the relevant person’s household in any period of 7 consecutive days commencing upon a Monday and ending on a Sunday where —
a
that child or young person lives with the relevant person for part or all of that period, and
b
it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.
6
In this regulation “relevant enactment” means the Army Act 1955 , the Air Force Act 1955 , the Naval Discipline Act 1957 , the Adoption Act 1958 , the Matrimonial Proceedings (Children) Act 1958 , the Social Work (Scotland) Act 1968 , the Family Law Reform Act 1969 , the Children and Young Persons Act 1969 , the Matrimonial Causes Act 1973 , the Guardianship Act 1973 , the Children Act 1975 , the Domestic Proceedings and Magistrates' Courts Act 1978 , the Adoption (Scotland) Act 1978 , the Child Care Act 1980 , the Family Law Act 1986 and the Children Act 1989 .
The applicable amount
8
1
The applicable amount in respect of any one application shall be the aggregate of —
a
the total of the weekly applicable amounts of all those persons who are relevant persons in the case of that application, and
b
£40.
2
For the purposes of paragraph (1), the weekly applicable amount —
a
as regards a relevant person who is in receipt of income support, is £1;
b
as regards any other relevant person, is the amount determined in his case in accordance with regulation 12 (applicable amounts).
Financial resources
9
In respect of any one application, the amount which is to be taken to be the financial resources of the applicant or applicants shall be the total of the incomes of all those persons who are relevant persons in the case of that application, and the income of each relevant person shall be determined in accordance with regulation 16 (determination of income on a weekly basis).
PART II
REDUCTION IN AMOUNT OF GRANT
Reduction in amount of grant
10
1
The amount of any grant which may be paid in respect of an application which is accompanied by an owner-occupation certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined —
a
by multiplying by 17.76 such part of that excess as is £47.95 or less;
b
by multiplying by 35.52 such part of that excess as is greater than £47.95 but not more than £95.89;
c
by multiplying by 142.06 such part of that excess as is greater than £95.89 but not more than £191.78; and
d
by multiplying by 355.15 such part of that excess as is greater than £191.78.
2
The amount of any grant which may be paid in respect of an application which is accompanied by a tenant’s certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined —
a
by multiplying by 10.51 such part of that excess as is £47.95 or less;
b
by multiplying by 21.02 such part of that excess as is greater than £47.95 but not more than £95.89;
c
by multiplying by 84.09 such part of that excess as is greater than £95.89 but not more than £191.78; and
d
by multiplying by 210.23 such part of that excess as is greater than £191.78.
Successive applications
11
1
In this regulation “current application” means an application to which regulation 10 refers.
2
The amount by which a grant in respect of a current application is reduced shall, except where paragraph (4) applies, be abated —
a
in a case to which paragraph (3)(a) or (b) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced by virtue of regulation 10 and this regulation;
b
in a case to which paragraph (3)(c) or (d) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced, by virtue of section 111(4) of the Act (apportionment in tenants' common parts application), by reference to persons (other than participating landlords) who are relevant persons in the current application;
c
in a case to which paragraph (3)(e) applies, by the amount of any contribution notified under section 129(1) of the Act (contributions by participants) to any person who is a relevant person in the current application.
3
Subject to paragraph (4), this paragraph applies where —
a
within the 10 years preceding the date of approval of the current application, at least one application, accompanied by an owner-occupation certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;
b
within the 5 years preceding the date of approval of the current application, at least one application, accompanied by a tenant’s certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;
c
within the 10 years preceding the date of approval of the current application, at least one tenants' common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of the interest mentioned in paragraph (b) of section 105(4) of the Act (common parts grants: preliminary conditions) and was also an applicant;
d
within the 5 years preceding the date of approval of the current application, at least one tenants' common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of such an interest as is mentioned in any of paragraphs (c) to (e) of section 105(4) of the Act and was also an applicant; or
e
within the 10 years preceding the date of approval of the current application, at least one of the relevant persons in the current application signified scheme consent under section 129(1) of the Act in respect of at least one group repair scheme in relation to which the same dwelling, building or flat was, or was part of, a qualifying building.
4
Paragraph (2) does not apply in any case where, by reason of reduction of grant referred to in paragraph (2)(a) or (b), no grant was paid in respect of the application, except where the eligible works in respect of which the application was approved were executed to a satisfactory standard.
PART III
APPLICABLE AMOUNTS
Applicable amounts
12
Subject to regulation 13 (polygamous marriages), the weekly applicable amount of a relevant person shall be the aggregate of such of the following amounts as may apply in his case —
a
an amount in respect of himself or, if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1(1), (2) or (3), as the case may be, of Schedule 1 (applicable amounts);
b
an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, except a child or young person whose capital, if determined in accordance with Chapter VI of Part IV (income and capital) in like manner as for the relevant person, except as provided in regulation 29(5) (modifications in respect of children and young persons), would exceed £5,000;
c
if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);
d
the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums).
Polygamous marriages
13
Where a relevant person is a member of a polygamous marriage, his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case —
a
the highest amount applicable to him and one of his partners determined in accordance with paragraph 1(3) of Schedule 1 as if he and that partner were a couple;
b
an amount equal to the difference between the amounts specified in sub-paragraphs (3)(b) and (1)(b) of paragraph 1 of Schedule 1 in respect of each of his other partners;
c
an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household, except a child or young person whose capital, if determined in accordance with Chapter VI of Part IV (income and capital) in like manner as for the relevant person, except as provided in regulation 29(5) (modifications in respect of children and young persons), would exceed £5,000;
d
if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);
e
the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums).
PART IV
INCOME AND CAPITAL
CHAPTER I:
GENERAL
Income and capital of relevant person
14
Where a relevant person is a member of a family, the income and capital of any member of that family shall, except where otherwise provided, be treated as the income and capital of that person.
Determination of income and capital of members of relevant person’s family and of a polygamous marriage
15
1
The income and capital of a relevant person’s partner and, subject to paragraph (2) and to regulation 29 (modifications in respect of children and young persons), the income of a child or young person which by virtue of regulation 14 is to be treated as income and capital of the relevant person shall be determined in accordance with the following provisions of this Part in like manner as for the relevant person; and any reference to the relevant person shall, except where the context otherwise requires, be construed for the purposes of this Part as if it were a reference to his partner or that child or young person.
2
Regulations 22(2) and 24(2), so far as they relate to paragraphs 1 to 12 ofSchedule 2 (sums to be disregarded in the determination of earnings), shall not apply to a child or young person.
3
Where a relevant person or the partner of that person is married polygamously to two or more members of his household —
a
the relevant person shall be treated as possessing capital and income belonging to each such member and the income of any child or young person who is one of that member’s family; and
b
the income and capital of that member or, as the case may be, the income of that child or young person shall be determined in accordance with the following provisions of this Part in like manner as for the relevant person or, as the case may be, as for any child or young person who is a member of his family.
CHAPTER II:
INCOME
Determination of income on a weekly basis
16
1
The income of a relevant person shall be determined on a weekly basis by aggregating —
a
his average weekly earnings from employment as an employed earner, determined in accordance with this Chapter and Chapter III of this Part,
b
his average weekly earnings from employment as a self-employed earner, determined in accordance with this Chapter and Chapter IV of this Part,
c
his average weekly income other than earnings, determined in accordance with this Chapter and Chapter V of this Part,
d
the weekly tariff income determined under regulation 37 (determination of tariff income from capital).
2
For the purposes of paragraph (1) “income” includes income to which regulations 27 (capital treated as income), 28 (notional income) and 43 (treatment of student loans) refer.
Average weekly earnings of employed earners
17
Where the income of a relevant person consists of or includes earnings from employment as an employed earner, his average weekly earnings from such employment shall be determined by reference to his earnings from such employment over the period of 52 weeks immediately preceding the application or, where his earnings fluctuate, over such other lesser period immediately preceding the application as may enable his average weekly earnings to be determined more accurately.
Average weekly earnings of self-employed earners
18
Where the income of a relevant person consists of or includes earnings from employment as a self-employed earner, his average weekly earnings from such employment shall be determined by reference to his earnings from such employment over such period, not exceeding one year immediately preceding the application, as is appropriate in order that his average weekly earnings over such period may be determined accurately.
Average weekly income other than earnings
19
Any part of a relevant person’s income which does not consist of earnings shall be determined by reference to such income over such period not exceeding 52 weeks immediately preceding the application as is appropriate in order that his average weekly income over such period may be determined accurately.
Determination of weekly income
20
1
For the purposes of regulations 17 (average weekly earnings of employed earners) and 19 (average weekly income other than earnings), where the period in respect of which a payment is made —
a
does not exceed a week, the weekly amount shall be the amount of that payment;
b
exceeds a week, the weekly amount shall be determined —
i
in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
in any other case, by dividing the amount of the payment by the number equal to the number of days in the period to which it relates and multiplying the quotient by 7.
2
For the purposes of regulation 18 (average weekly earnings of self-employed earners) the weekly amount shall be determined by dividing the relevant person’s earnings during the assessment period by the number equal to the number of days in the assessment period and multiplying the quotient by 7.
CHAPTER III:
EMPLOYED EARNERS
Earnings of employed earners
21
1
Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes —
a
any bonus or commission;
b
any payment in lieu of remuneration except any periodic sum paid to a relevant person on account of the termination of his employment by reason of redundancy;
c
any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only to the extent that it represents loss of income;
d
any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;
e
any payment by way of a retainer;
f
any payment made by the relevant person’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the employer in respect of —
i
travelling expenses incurred by the relevant person between his home and place of employment,
ii
expenses incurred by the relevant person under arrangements made for the care of a member of his family owing to the relevant person’s absence from home;
g
any award of compensation made under section 68(2) or 71(2)(a) of the Employment Protection (Consolidation) Act 1978 (remedies and compensation for unfair dismissal);
h
any such sum as is referred to in section 112(3) of the 1992 Act (certain sums to be earnings for social security purposes);
i
any statutory sick pay under Part XI of the 1992 Act or statutory maternity pay under Part XII of that Act, or a corresponding payment under any enactment having effect in Northern Ireland;
j
any remuneration paid by or on behalf of an employer to the relevant person who for the time being is on maternity leave or is absent from work because he is ill.
2
Earnings shall not include —
a
any payment in kind;
b
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
c
any occupational pension.
Determination of net earnings of employed earners
22
1
For the purposes of regulation 17 (average weekly earnings of employed earners), the earnings of a relevant person derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings as determined under paragraph (3).
2
There shall be disregarded from a relevant person’s net earnings, any sum, where applicable, specified in paragraphs 1 to 14 of Schedule 2 (sums to be disregarded in the determination of earnings).
3
For the purposes of paragraph (1) net earnings shall be determined by taking into account the gross earnings of the relevant person from that employment over the assessment period, less —
a
any amount deducted from those earnings by way of —
i
income tax,
ii
primary Class 1 contributions under Part I of the 1992 Act; and
b
one-half of any sum paid by the relevant person by way of a contribution towards an occupational or personal pension scheme.
CHAPTER IV:
SELF-EMPLOYED EARNERS
Earnings of self-employed earners
23
“Earnings”, in the case of employment as a self-employed earner, means the gross income of the employment and
a
shall include any allowance paid under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 to the relevant person for the purpose of assisting him in carrying on his business, unless at the date of the application the allowance has been terminated; but
b
shall not include any payment to which paragraph 24 of Schedule 3 refers (payments in respect of a person accommodated with the relevant person under arrangements made by a local authority or voluntary organisation).
Determination of net profit of self-employed earners
24
1
For the purposes of regulation 18 (average weekly earnings of self-employed earners) the earnings of a relevant person to be taken into account shall be —
a
in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
b
in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 , his share of the net profit derived from that employment, less —
i
an amount in respect of income tax and of social security contributions payable under the 1992 Act determined in accordance with regulation 25 (deduction of tax and contributions for self-employed earners), and
ii
one-half of the amount calculated in accordance with paragraph (12) in respect of any qualifying premium.
2
There shall be disregarded from a relevant person’s net profit, any sum, where applicable, specified in paragraphs 1 to 14 of Schedule 2.
3
For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (9) applies, be determined by taking into account the earnings of the employment over the assessment period less —
a
subject to paragraphs (5) to (7), any expenses wholly and exclusively incurred in that period for the purposes of that employment;
b
an amount in respect of —
i
income tax, and
ii
social security contributions payable under the 1992 Act,
determined in accordance with regulation 25 (deduction of tax and contributions for self-employed earners); and
c
one-half of the amount calculated in accordance with paragraph (12) in respect of any qualifying premium.
4
For the purposes of paragraph (1)(b) the net profit of the employment shall be determined by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (5) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.
5
Subject to paragraph (6), no deduction shall be made under paragraph (3)(a) or (4), in respect of —
a
any capital expenditure;
b
any depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
any loss incurred before the beginning of the assessment period;
e
the repayment of capital on any loan taken out for the purposes of the employment;
f
any expenses incurred in providing business entertainment; and
g
any debts, except bad debts proved to be such, but this sub-paragraph shall not apply to any expenses incurred in the recovery of a debt.
6
A deduction shall be made under paragraph (3)(a) or (4) in respect of the repayment of capital on any loan used for —
a
the replacement in the course of business of equipment or machinery; and
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
7
The local housing authority shall not make a deduction in respect of any expenses under paragraph (3)(a) or (4) where, given the nature and the amount of the expense, it has been unreasonably incurred.
8
For the avoidance of doubt —
a
a deduction shall not be made under paragraph (3)(a) or (4) in respect of any sum unless it has been expended for the purposes of the business;
b
a deduction shall be made under paragraph (3)(a) or (4) in respect of —
i
the excess of any value added tax paid over value added tax received in the assessment period;
ii
any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
9
Where a relevant person is engaged in employment as a child minder the net profit of the employment shall be one-third of the earnings of that employment, less —
a
an amount in respect of —
i
income tax, and
ii
social security contributions payable under the 1992 Act,
determined in accordance with regulation 25 (deduction of tax and contributions for self-employed earners); and
b
one-half of the amount calculated in accordance with paragraph (12) in respect of any qualifying premium.
10
For the avoidance of doubt where a relevant person is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed earner or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.
11
In this regulation —
“qualifying premium” means any premium which at the date of the application is payable periodically in respect of a retirement annuity contract or a personal pension scheme; and
“retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision for the relevant person of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief for income tax may be given on any premium.
12
The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
Deduction of tax and contributions for self-employed earners
25
1
The amount to be deducted in respect of income tax under regulation 24(1)(b)(i), (3)(b)(i) or (9)(a)(i) (determination of net profit of self-employed earners) shall be determined on the basis of the amount of chargeable income and as if that income were assessable to income tax at the lower rate or, as the case may be, the lower rate and the basic rate of tax in the year of assessment in which the application was made less only the personal relief to which the relevant person is entitled under sections 257(1), (6) and (7) and 259(1)(a) and (2) of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the lower rate and, if appropriate the basic rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro-rata basis.
2
The amount to be deducted in respect of social security contributions under regulation 24(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of —
a
the amount of Class 2 contributions payable under subsection (1) or, as the case may be, subsection (3) of section 11 of the 1992 Act (liability for Class 2 contributions) at the rate applicable at the date of the application except where the relevant person’s chargeable income is less than the amount for the time being specified in subsection (4) of that section (small earnings exception) for the tax year in which the date of the application falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable undersection 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of the application on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of the application falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
3
In this regulation “chargeable income” means —
a
except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3)(a) or, as the case may be, (4) of regulation 24;
b
in the case of employment as a child minder, one-third of the earnings of that employment.
CHAPTER V:
OTHER INCOME
Determination of income other than earnings
26
1
For the purposes of regulation 19 (average weekly income other than earnings), the income of a relevant person which does not consist of earnings to be taken into account shall, subject to paragraphs (2) and (3), be his gross income and any capital treated as income under regulations 27 (capital treated as income) or 29 (modifications in respect of children and young persons).
2
There shall be disregarded from the determination of a relevant person’s gross income under paragraph (1) any sum, where applicable, specified in Schedule 3.
3
Where the payment of any benefit under the 1992 Act is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.
4
For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1) any payment to which regulation 21(2) applies (payments which are not earnings).
Capital treated as income
27
Any payment received under an annuity, and any earnings to the extent that they are not a payment of income, shall be treated as income.
Notional income
28
1
A relevant person shall be treated as possessing income of which he has deprived himself for the purpose of increasing the amount of grant.
2
Except in the case of a discretionary trust or a trust derived from a payment made in consequence of a personal injury, any income which would have become available to the relevant person upon application being made, but which has not been acquired by him, shall be treated as possessed by the relevant person but only from the date on which it could be expected to have been acquired had an application been made.
3
Any payment of income, other than a payment of income made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund, made —
a
to a third party in respect of a relevant person being a single person or in respect of a member of the family (but not a member of the third party’s family), shall be treated as possessed by that single person or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable;
b
to a relevant person being a single person or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single person or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
4
Where —
a
a relevant person performs a service for another person; and
b
that person makes no payment of earnings or pays less than that paid for a comparable employment in the area;
the local housing authority shall treat the relevant person as possessing such earnings (if any) as is reasonable for that employment unless the relevant person satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service; but this paragraph shall not apply to a relevant person who is engaged by a charitable or voluntary body or is a volunteer if it is reasonable for him to provide his service free of charge.
5
In the case of an application to which section 126(3)(b) of the Act applies (renovation grants relating to two or more dwellings), there shall be treated as possessed by the relevant person 90 per cent.of the amount of the aggregate of the rents of each of the dwellings to be provided, other than any in respect of which an owner-occupation certificate accompanies the application, which may reasonably be expected to be obtained on a letting on the open market under an assured tenancy and assuming that no premium is paid.
6
Where a relevant person is treated as possessing any income under any of paragraphs (1) to (3) and (5), the preceding provisions of this Part shall apply for the purposes of determining the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
7
Where a relevant person is treated as possessing any earnings under paragraph (4), the preceding provisions of this Part shall apply for the purposes of determining the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (3) of regulation 22 (determination of net earnings of employed earners) shall not apply and his net earnings shall be determined by taking into account those earnings which he is treated as possessing, less —
a
an amount in respect of income tax equivalent to an amount determined by applying to those earnings the lower rate or, as the case may be, the lower and the basic rate of tax in the year of assessment in which the application was made less only the personal relief to which the relevant person is entitled under sections 257(1), (6) and (7) and 259(1)(a) and (2) of the Income and Corporation Taxes Act 1988 (personal reliefs) as is appropriate to his circumstances; but if the assessment period is less than a year the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and the amount of the personal relief deductible under this sub-paragraph shall be determined on a pro-rata basis;
b
an amount equivalent to the amount of primary Class 1 contributions which would be payable under the 1992 Act in respect of those earnings if —
i
those earnings were actual earnings; and
ii
the rate of any primary percentage (within the meaning of that Act) applicable to those earnings under that Act were the rate applicable at the date of application; and
c
one-half of any sum payable by the relevant person by way of a contribution towards an occupational or personal pension scheme.
8
In paragraph (3) —
a
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities; and
b
“rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987 (rent), less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) of those Regulations.
Modifications in respect of children and young persons
29
1
Where the income of a child or young person, except income consisting of any payment of maintenance, whether under a court order or not, determined in accordance with Chapters I to V of this Part 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, the excess shall not be treated as income of the relevant person.
2
Where the capital of a child or young person, if determined in accordance with Chapter VI of this Part in like manner as for the relevant person (except as provided in paragraph (5)) would exceed £5,000, any income of that child or young person, except income consisting of any payment of maintenance whether under a court order or not, shall not be treated as income of the relevant person.
3
In determining the net earnings or net profit of a child or young person there shall be disregarded (in addition to any sum which falls to be disregarded under paragraphs 13 and 14) any sum specified in paragraphs 15 and 16 of Schedule 2.
4
Any income of a child or young person which is to be disregarded under Schedule 3 shall be disregarded in such manner as to produce the result most favourable to the relevant person.
5
There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of the application, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the relevant person, would exceed £5,000.
CHAPTER VI:
CAPITAL
Determination of capital
30
1
The capital of a relevant person to be taken into account shall, subject to paragraph (2), be the whole of his capital determined in accordance with this Part and any income treated as capital under regulation 32 (income treated as capital).
2
There shall be disregarded from the determination of a relevant person’s capital under paragraph (1) any capital, where applicable, specified in Schedule 4.
Disregard of capital of child or young person
31
The capital of a child or young person who is a member of the relevant person’s family shall not be treated as capital of the relevant person.
Income treated as capital
32
1
Any bounty derived from employment to which paragraph 8 of Schedule 2 applies and paid at intervals of at least one year shall be treated as capital.
2
Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
3
Any holiday pay which is not earnings under regulation 21(1)(d) (earnings of employed earners) shall be treated as capital.
4
Except any income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the relevant person’s account.
5
In the case of employment as an employed earner, any advance of earnings or any loan made by the relevant person’s employer shall be treated as capital.
6
Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund, shall be treated as capital.
Determination of capital in the United Kingdom
33
Capital which a relevant person possesses in the United Kingdom shall be determined —
a
except in a case to which sub-paragraph (b) applies, at its current market or surrender value less —
i
where there would be expenses attributable to sale, 10 per cent., and
ii
the amount of any incumbrance secured on it;
b
in the case of a National Savings Certificate —
i
if purchased from an issue the sale of which ceased before 1st July last preceding the date of application, at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;
ii
in any other case, at its purchase price.
Determination of capital outside the United Kingdom
34
Capital which a relevant person possesses in a country outside the United Kingdom shall be determined —
a
in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;
b
in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer;
less, where there would be expenses attributable to sale, 10 per cent.and the amount of any incumbrance secured on it.
Notional capital
35
1
A relevant person shall be treated as possessing capital of which he has deprived himself for the purpose of increasing the amount of grant.
2
Except in the case of —
a
a discretionary trust; or
b
a trust derived from a payment made in consequence of a personal injury; or
c
any loan which would be obtained only if secured against capital disregarded under Schedule 4,
any capital which would have become available to the relevant person upon application being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it could be expected to have been acquired had an application been made.
3
Any payment of capital, other than a payment of capital made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund —
a
if made to a third party in respect of a single relevant person or in respect of a member of the family (but not a member of the third party’s family), shall be treated as possessed by that single person or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable;
b
if made to a single relevant person or a member of the family in respect of a third party (but not in respect of another member of that family), shall be treated as possessed by that single person or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
4
Where a relevant person stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case —
a
the value of his holding in that company shall, notwithstanding regulation 30 (determination of capital), be disregarded; and
b
he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the preceding provisions of this Chapter shall apply for the purposes of determining that amount as if it were actual capital which he does possess.
5
For so long as the relevant person undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.
6
Where a relevant person is treated as possessing capital under any of paragraphs (1) to (3) the preceding provisions of this Chapter shall apply for the purposes of determining its amount as if it were actual capital which he does possess.
7
In paragraph (3) —
a
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms, or clothing or footwear used solely for sporting activities; and
b
“rent” means eligible rent within the meaning of regulation 10(3) of the Housing Benefit (General) Regulations 1987, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations.
Capital jointly held
36
Except where a relevant person possesses capital which is disregarded under regulation 35(4) (notional capital), where a relevant person and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the preceding provisions of this Chapter shall apply for the purposes of determining the amount of capital which the relevant person is treated as possessing as if it were actual capital which the relevant person does possess.
Determination of tariff income from capital
37
1
Where the relevant person’s capital determined in accordance with this Part exceeds £5000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £5000.
2
Notwithstanding paragraph (1) where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly tariff income of £1.
3
For the purposes of paragraph (1), capital includes any income treated as capital under regulation 32 (income treated as capital).
PART V
STUDENTS
Interpretation
38
In this Part, unless the context otherwise requires —
“contribution” means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority as defined in regulation 46 of the Housing Benefit (General) Regulations 1987 (interpretation) takes into account in assessing the amount of the student’s grant and by which the amount is, as a consequence, reduced;
“course of study” means any full-time or part-time course of study or sandwich course whether or not a grant is made for attending it;
“full-time student” includes a student on a sandwich course;
“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944 , sections 131 and 132 of the Education Reform Act 1988 , section 73 of the Education (Scotland) Act 1980 or section 65 of the Further and Higher Education Act 1992 ;
“grant income” means —
any income by way of a grant;
any contribution whether or not it is paid;
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1993 ;
“student” means a person, other than a person in receipt of a training allowance, who is attending a course of study at an educational establishment; and a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the last day of the course or such earlier date as he abandons it or is dismissed from it.
Treatment of students
39
These Regulations shall have effect in relation to students subject to the following provisions of this Part.
Determination of grant income
40
1
The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.
2
There shall be excluded from a student’s grant income any payment —
a
intended to meet tuition fees or examination fees;
b
intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, orthoptics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;
c
in respect of the student’s disability;
d
intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
e
on account of the student maintaining a home at a place other than that at which he resides during his course;
f
on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;
g
intended to meet the cost of books and equipment (other than special equipment) or, in the case of a full-time student, if not so intended an amount equal to £273 towards such costs;
h
intended to meet travel expenses incurred as a result of his attendance on the course.
3
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1993 (payments) there shall be excluded from his grant income a sum equal to such amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) as falls to be disregarded in his case.
Relationship with amounts to be disregarded under Schedule 3
41
No part of a student’s grant income shall be disregarded under paragraph 13 of Schedule 3 (sums to be disregarded in the determination of income other than earnings).
Other amounts to be disregarded
42
For the purposes of ascertaining income other than grant income and loans treated as income in accordance with regulation 43 (treatment of student loans), any amounts intended for any expenditure specified in regulation 40(2) (determination of grant income), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 40(2) or (3) on like expenditure.
Treatment of student loans
43
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 shall be treated as income.
2
Any loan for which a student is eligible under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraph (1) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements.
Disregard of contribution
44
Where the relevant person or his partner is a student and the income of one is taken into account for the purposes of assessing a contribution to the student’s grant, an amount equal to the contribution shall be disregarded for the purposes of determining the income of the one liable to make that contribution.
PART VI
MISCELLANEOUS
Revocations
45
The Regulations listed in Schedule 5 are hereby revoked.
Application of Regulations
46
These Regulations shall not have effect in relation to applications for grant made before these Regulations came into force.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
4th March 1994
John Redwood
Secretary of State for Wales
7th March 1994
We consent,
Andrew Mackay
T. F. J. Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal West Sussex National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal West Sussex National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal West Sussex National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St. Richard’s Hospital, Chichester, West Sussex PO19 4SE and associated hospitals;
b
to manage community health services provided from St. Richard’s Hospital, Chichester, West Sussex PO19 4SE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Chichester Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Chichester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Chichester Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
1
These Regulations may be cited as the Severn Bridge (Amendment) Regulations 1994 and shall come into force on 1st August 1994.
2
Regulation 12(6) of the Severn Bridge Regulations 1993 shall be amended as follows:
a
After the word “repair” there shall be inserted the word “refuelling”.
b
In sub-paragraph (a) for “£60” there shall be substituted “£80” and for “£30” there shall be substituted “£40”.
c
In sub-paragraph (b) for “£25” there shall be substituted “£35” and for “£12.50” there shall be substituted “£17.50”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under-Secretary of State,
Department of Transport
2nd July 1994


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1994 and shall come into force on 22nd June 1994.
Designation of Minister
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Minister specified in column (1) of the Schedule to this Order is hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Export of Goods (Control) Order 1994 (Amendment) Order 1994 and shall come into force on 18th June 1994.
2
The Export of Goods (Control) Order 1994 shall be amended as follows: —
a
in article 3(e)(ii)(bb) the words “other than a destination in South Africa” shall be deleted;
b
in Group 1 of Part III of Schedule 1 —
i
in entry ML9, for the words “and specially designed components therefor” there shall be substituted the words “and components therefor specially designed or modified for military use”;
ii
in entry PL5001 sub-head b. the words “anti-riot helmets” shall be deleted;
c
in Group 3 of Part III of Schedule 1 —
i
in the Note to the definition of composite theoretical performance , for the first two sections of the table there shall be substituted the following:
XP only
1 3 * ( t xp add )
If no add is implemented use: (R xp )
1 ( t xp mult )
If neither add nor multiply is implemented use the fastest available arithmetic operation as follows:
1 3 * t xp
See Notes X & Z
FP only
(R fp )
Max
1 t fp add ,
1 t fp mult
See Notes X & Y
;
ii
in entry 5D002, for the words “that equipment 5A002” there shall be substituted the words “that equipment”;
iii
in entry 6A003 the Note following sub-head b.4. shall be deleted;
iv
in entry 8A002 the Note preceding sub-head a. shall be deleted;
v
in entry 9A990, for “ Libya, Iran, Iraq, Syria or South Africa .” there shall be substituted “ Libya, Iran, Iraq or Syria .”; and
vi
in entry 9E990, for “ Libya, Iran, Iraq, Syria or South Africa .” there shall be substituted “ Libya, Iran, Iraq or Syria .”.
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
17th June 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Suffolk River Valleys) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Suffolk River Valleys) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended i accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 6 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “permanent grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (4)
of article 6 of the principal Order there shall be substituted the following paragraph:
4
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding 75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 9 of Schedule 6 to the principal Order there shall be inserted the following paragraph:
10
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1994 and shall come into force on 1st June 1994.
2
In these Regulations “the 1990 Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 .
Amendment of the 1990 Regulations
2
In Part I of Schedule 1 to the 1990 Regulations (District Health Authorities with a University Member) —
a
for “Newcastle Health Authority”, there shall be substituted “Newcastle and North Tyneside Health Authority”; and
b
after “South Birmingham Health Authority”, there shall be inserted “South East London Health Authority”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brighton Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the East Sussex Health Authority;
“the Trust” means the Brighton Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
11th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sussex Ambulance Service National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sussex Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Sussex Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Southfields Road, Eastbourne, East Sussex BN21 1BZ, and to own associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Sussex Health Authority and the Worthing District Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The East Sussex Health Authority and the Worthing District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authorities specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authorities which are to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the East Sussex Health Authority and the Worthing District Health Authority.
5
In performing their functions under this article the East Sussex Health Authority and the Worthing District Health Authority shall act in accordance with any directions from the Secretary of State under section 17 of the National Health Service Act 1977 .
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and shall come into force on 1st November 1994.
2
In these Regulations unless the context otherwise requires —
“the 1990 Act ” means the Human Fertilisation and Embryology Act 1990;
“the 1976 Act ” means the Adoption Act 1976 and references to sections are to sections of the 1976 Act;
“ the Order ” means the Adoption (Northern Ireland) Order 1987 and references to articles are to articles of the Order;
“parental order” means an order under section 30 of the 1990 Act (parental orders in favour of gamete donors) providing for a child to be treated in law as a child of the parties to a marriage.
3
These Regulations extend to England and Wales and Northern Ireland.
Application of Adoption Act 1976 provisions with modifications to parental orders and applications for such orders
2
The provisions of the 1976 Act set out in column 1 of Schedule 1 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in England and Wales and applications for such orders, as they have effect in relation to adoption and applications for adoption orders.
Application of Adoption (Northern Ireland) Order 1987 provisions with modifications to parental orders and applications for such orders
3
The provisions of the Order set out in column 1 of Schedule 2 to these Regulations shall have effect with the modifications (if any) set out in column 2 of that Schedule in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption and applications for adoption orders.
References in enactments to be read as references to parental orders etc
4
Schedule 3 shall have effect so that the references mentioned in column 2, where they appear in the enactments mentioned in relation to them in column 1, shall be read in relation to parental orders and applications for such orders as provided for in column 2.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
28th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Hospital Centre National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the North Staffordshire Health Authority;
“the Trust” means the North Staffordshire Hospital Centre National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th September 1994


text:
Citation and commencement
1
This Order may be cited as the River Lunan Catchment Area Protection (Renewal) Order 1991 Variation Order 1994 and shall come into force on 7th October 1994.
Variation
2
The River Lunan Catchment Area Protection (Renewal) Order 1991 shall be varied by omitting, in article 4, the words “During the period from 8th October 1991 to 7th October 1994, both dates inclusive,”.
David R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th October 1994


text:
1
This Order may be cited as the Merchant Shipping (Sterling Equivalents) (Revocation) Order 1994 and shall come into force on 22nd November 1994.
2
The Merchant Shipping (Sterling Equivalents) (Merchant Shipping Act 1974) Order 1989 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
2nd November 1994