Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996

Publication Date:January 01, 1996
 
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1996No. 2891

HOUSING, ENGLAND AND WALES

The Housing Renewal Grants (Prescribed Form

and Particulars) Regulations 1996

20thNovember1996

26thNovember1996

17thDecember1996

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 2(2) and (4), 101 ( a) and 146(1) to (2) of the Housing Grants, Construction and Regeneration Act ( b)and of all other powers enabling them in that behalf, hereby make the following Regulations:-

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 and shall come into force on 17th December 1996.

(2) In these Regulations, "the Act" means the Housing Grants, Construction and Regeneration Act 1996.

Forms of application for grant

2. The form set out in the Schedule shall be the prescribed form of application for a grant under section 2(4) of the Act in the case of-

(a) an application for a renovation grant which is-

(i) an owner's application accompanied by an owner-occupation certificate, or

(ii) a tenant's application;

(b) any application (other than a landlord's application) for a disabled facilities grant; or

(c) a tenants' application for common parts grant (whether or not the landlord is also applying as a participating landlord).

Particulars for applications for grant

3. The particulars prescribed under section 2(2)(d) of the Act in respect of any application falling within regulation 2 are the particulars required for that application by the form set out in the Schedule.

(a) See the definition of "prescribed" in section 101.

(b) 1996 c.53.

Application of Regulations

4. These Regulations shall not have effect in relation to applications for a grant made before 17th December 1996.

Signed by authority of the Secretary of State

David Curry

Minister of State,

15th November 1996

Department of the Environment

William Hague

20th November 1996

Secretary of State for Wales

SCHEDULE 1

Regulation 2

OWNER-OCCUPIER'S AND TENANT'S APPLICATIONS

FOR HOUSING RENEWAL GRANTS

(Name and address of Council)

In these instructions and the accompanying form and notes, "the Act" means the Housing Grants, Construction and Regeneration Act 1996 and, unless otherwise stated, all references to sections etc are to sections etc in the Act.

This is the form to use if you are making one of the following applications-

Renovation grant

- an owner's application accompanied by an owner-occupation certificate ( a); or

- a tenant's application.

Disabled facilities grant

Any application, other than a landlord's application ( b).

Common parts grant

A tenants' application (whether or not the landlord is also applying as a participating landlord) ( c).

When you have completed this form, please send it to the Council.

If you are uncertain how to answer any of these questions, please contact:

(Name, address and telephone number of contact in the Council)

(a) An owner's application for a renovation grant falls within paragraph (2)(a) if it is a conversion application for the provision of two or more dwellings and any of the certificates accompanying the application is an owner-occupation certificate: section 30(2).

(b) A landlord's application for a disabled facilities grant is an owner's application in respect of works to a dwelling which is or is intended to be let, or to the common parts of a building in which a flat is or is intended to be let: section 31(2).

(c) A "tenants' application" is one made by at least three-quarters of the occupying tenants (as defined by section 14(2)) who under their tenancies have a duty to carry out, or to make a contribution in respect of the carrying out of, some or all of the relevant works: see section 15(1)(b) and (2).

A participating landlord (see section 15(4)) should not join in a tenants' application for common parts grant by completing the form in the Schedule, but rather a form (or one of the forms) provided by the local housing authority for landlord's applications under section 31. There is a specimen recommended form for section 31 landlord's applications in Annex J2 to Circular 17/96, which authorities are free to draw on as they see fit.

PART 1

PRELIMINARY AND GENERAL INFORMATION

Throughout this form and the accompanying notes, "the Act" means the Housing Grants, Construction and Regeneration Act 1996 and, unless otherwise stated, all references to sections etc are to sections etc in the Act.

Please answer each question unless directed elsewhere. Please read the notes (set out at the end of the form) before answering the questions to which they relate.

If a question does not provide enough space for your answer, please continue your answer on a separate sheet of paper and mark the sheet with your name (or, in the case of a joint application, with all the applicants' names) and the question number. Please make sure you enclose all additional sheets with your application.

Addresses and other preliminaries

1.1 Please give the following details for each grant applicant-

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PART 2

INFORMATION SPECIFIC TO THE APPLICATION YOU ARE MAKING

Please answer only the questions which relate to the particular grant(s) for which you are applying, and to the particular type(s) of application which you are submitting.

PART 2A

RENOVATION GRANT

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PART 2B

DISABLED FACILITIES GRANT

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PART 2C

COMMON PARTS GRANT--TENANT'S APPLICATION (WITH OR WITHOUT PARTICIPATING LANDLORD)

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PART 3

FINANCIAL INFORMATION ABOUT YOU AND YOUR FAMILY

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PART 4

DOCUMENTS TO BE SUBMITTED WITH YOUR APPLICATION

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NOTES

In these notes, "the Act" means the Housing Grants, Construction and Regeneration Act 1996 and, unless otherwise stated, all references to sections etc are are to sections etc in the Act.

1. If the applicant is a company or similar body, give the official (registered) address.

2. You cannot apply for a grant unless you are aged 18 or over on the date of your application. In the case of joint applicants, any applicant aged under 18 on the date of the application will be left out of account. See section 3(1).

3. The Council is not allowed to pay a grant to someone who is a " person from abroad " within the meaning of regulation 7A of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971 as amended): regulation 3 of the Housing Renewal Grants Regulations 1996 (S.I. 1996/2890).

If you answered "Yes" to question1.3, you should not be making an application for grant. If you are unable to answer "No" to this question do not proceed any further with this application.

Regulation 7A of the Housing Benefit (General) Regulations 1987 can besummarised as follows:

(1) Subject to paragraphs (2) and (3), a "person from abroad" is a person who has limited leave to enter or remain in the United Kingdom which was given in accordance with any provision of Home Office immigration rules relating to-

(a) there being, or there needing to be, no recourse to public funds, or

(b) there being no charge on public funds,

during that limited leave.

(2) "Person from abroad" doesnot include a person who-

(a) is a national of a European Economic Area State, a state which is a signatory to the European Convention on Social and Medical Assistance signed in Paris on 11th December 1953 (Cmd. 9512), a state which is a signatory to the Council of Europe Social Charter signed in Turin on 18th October 1961, the Channel Islands or the Isle of Man; or

(b) has, during any period of limited leave, supported himself/herself without recourse to public funds but is temporarily (i.e., for no more than a total of 42 days during any period of limited leave) without funds because remittances to him/her from abroad have been disrupted; provided that there is a reasonable expectation that his/her supply of funds will be resumed; or

(c) is an asylum seeker, that is, a person who submits on his/her arrival (other than on his/her re-entry) in the United Kingdom from a country outside the Common Travel Area (i.e., the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively) a claim for asylum to the Secretary of State and that claim is recorded by the Secretary of State as having been made; or

(d) becomes, while present in Great Britain, an asylum seeker; or

(e) is a sponsored immigrant (see paragraph (3)(f) below) and the person or persons who undertook to provide for his/her maintenance and accommodation has or have died; or

(f) is in receipt of income support; or

(g) is on an income-based jobseeker's allowance.

(3) "Person from abroad"includes any person, other than a person to whom any of sub-paragraphs (c) to (g) of paragraph (2) applies, who-

(a) having a limited leave to enter or remain in the United Kingdom, has remained without further leave beyond the time limited by the leave; or

(b) is the subject of a deportation order requiring him/her to leave and prohibiting him/her from entering the United Kingdom, except where his/her removal from the United Kingdom has been deferred in writing by the Secretary of State; or

(c) is adjudged by the immigration authorities to be an illegal immigrant who has not subsequently been given leave to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State; or

(d) is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or

(e) is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but no person shall be treated as not habitually resident in the United Kingdom who-

(i) is a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a...

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