Citation and commencement

1.  These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment No. 2) Regulations (Northern Ireland) 2003 and shall come into operation on 14th July 2003.

Amendments

2.  The Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997(4) are amended in accordance with regulations 3 to 9.

Regulation 2

3.  In regulation 2(1) (interpretation) –

(a)after the definition of “child benefit”, insert the following definition –

““child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002(5);”;

(b)omit the definition of “disabled person’s tax credit”;

(c)omit the definition of “working families' tax credit”; and

(d)after the definition of “war widow’s pension”, insert the following definition –

““working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;”.

Regulation 17

4.  In sub-paragraph (b) of paragraph (1ZA) of regulation 17 (determination of income on a weekly basis)(6), for “working families' tax credit or disabled person’s tax credit” substitute “child tax credit or working tax credit”.

Regulation 18

5.  In regulation 18 (treatment of child care charges), for sub-paragraph (c) of paragraph (9)(7) substitute the following sub-paragraph –

“(c)in this paragraph “tax credit” means working tax credit, provided that a child care element of working tax credit specified in section 12 of the Tax Credits Act 2002 (child care element) forms part of the entitlement to that credit.”.

Schedule 1

6.  In paragraph 12(1)(a)(i)(8) of Part III of Schedule 1 (applicable amounts: premiums), for “disabled person’s tax credit” substitute “working tax credit containing a disability element specified in section 11(3) of the Tax Credits Act 2002 (maximum rate)”.

Schedule 2

7.  For paragraph 18(9) of Schedule 2 (sums to be disregarded in the determination of earnings), substitute the following paragraph –

“18.—(1) In a case where the relevant person is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under paragraphs 3 to 10 shall be increased by £11·90.

(2) The conditions of this sub-paragraph are that –

(a)the relevant person or, if he is a member of a couple, either the relevant person or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(10) applies; or

(b)the relevant person –

(i)is, or if he is a member of a couple at least one member of that couple is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week;

(ii)is a member of a couple and –

(aa)at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week;

(bb)the aggregate number of hours for which the couple are engaged in remunerative work is at least 30 hours per week; and

(cc)the relevant person’s applicable amount includes a family premium under paragraph 3 of Schedule 1;

(iii)is a lone parent who is engaged in remunerative work for on average not less than 30 hours per week; or

(iv)is, or if he is a member of a couple at least one member of that couple is or both members are, engaged in remunerative work for on average not less than 30 hours per week; and

(aa)the relevant person’s applicable amount includes a higher pensioner premium or a disability premium under paragraph 10 or 11 of Schedule 1 respectively; and

(bb)where the relevant person is a member of couple, at least one member of that couple satisfies the qualifying conditions for the higher pensioner premium or disability premium referred to in sub-head (iv)(aa) and is engaged in remunerative work for on average not less than 16 hours per week.

(3) The following are the amounts referred to in sub-paragraph (1) –

(a)the amount calculated as disregardable from the relevant person’s income under paragraphs 3 to 10;

(b)the amount of child care charges calculated as deductible under regulation 17(1); and

(c)£11·90.

(4) The provisions of regulation 6 (remunerative work) shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.”.

Schedule 3

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

(a)omit paragraph 57; and

(b)in paragraph 58(11), from “the credit under regulation 46(1)(aa)” to the end of that paragraph substitute “the 30 hour element of working tax credit referred to in regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, any amount of working tax credit up to £11·90.”.

Schedule 4

9.  In paragraph 9(12) of Schedule 4 (capital to be disregarded) –

(a)in sub-paragraph (b), after “family income supplement under the Family Income Supplements Act (Northern Ireland) 1971,” insert “working families' tax credit under section 127 of the 1992 Act, disabled person’s tax credit under section 128 of that Act,”; and

(b)after sub-paragraph (d), insert the following sub-paragraph –

“(e)child tax credit and working tax credit where such payment is made as a result of change of circumstances.”.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997 which set out the means test for determining the amount of renovation grant and disabled facilities grant which may be paid by the Housing Executive to owner-occupier and tenant applicants under Chapter I of Part III of the Housing (Northern Ireland) Order 1992. The amendments take account of the introduction of child tax credit and working tax credit (working tax credit has replaced working families' tax credit and disabled person’s tax credit).