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.

Application of Regulations

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

Regulation 2

SCHEDULE 1

"OWNER-OCCUPIER'S AND TENANT'S APPLICATIONS FOR HOUSING RENEWAL GRANTS

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 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 question 1.3, 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 be summarised 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" does not 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 person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or

(ii)is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees signed at Geneva on 28th July 1951 (Cmd. 9171), as extended by Article 1(2) of the Protocol relating to the Status of Refugees signed at New York on 31st January 1967 (Cmnd. 3906); or

(iii)has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or

(iv)falls within paragraph (2)(b) above; or

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

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

(f)has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person or persons in writing to be responsible for his/her maintenance and accommodation; and he/she has not been resident in the United Kingdom for a period of at least 5 years beginning from the later of the date of entry or the date on which the undertaking was given in respect of him/her; or

(g)while he/she is a person to whom paragraph (1) or any of sub-paragraphs (a) to (d) and (f) of this paragraph applies, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Convention relating to the Status for Refugees.

4. Most of the qualifying conditions for renovation grant, disabled facilities grant and HMO grant are waived for applications in respect of glebe land or the residence house of an ecclesiastical benefice: see section 95. There is no similar waiver of the qualifying conditions for common parts grant.

A landlord's application in respect of the residence house or the glebe land of an ecclesiastical benefice should be made on the separate form for landlord's applications, obtainable from the Council.

5. A flat is a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

6. Under section 4, the Council is not allowed to entertain an application for a grant if the property was built or was provided by conversion less than 10 years ago. This general rule does not apply where the application is for a disabled facilities grant.

7. A notice under section 189 of the Housing Act 1985 is a repair notice for premises which are unfit for human habitation. A notice under section 190 of the 1985 Act is a repair notice for premises which, although fit for human habitation, require substantial repair. A section 189 or 190 notice specifying works to the common parts of a building may be served on a person who is an owner of that part of the building (or the building as a whole) who, in the opinion of the Council serving the notice, ought to carry out the works.

8. Please give details of all previous grant applications of which you are aware, and of any contribution notified under a group repair scheme (if known to you). Please also mention any minor works assistance and home repair assistance you have received. Previous grant approvals may affect the works for which a grant may be given-and also, in the case of previous approvals of applications made by you, the amount of grant payable.

9. Planning permission or building regulations approval may or may not be required. If you are not sure whether permission or approval is required, contact the relevant department of the Council. Where permission or approval has already been obtained, please enclose a copy with your application.

10. Under section 37(4), payment of grant can be made only against an invoice, demand or receipt for payment for the works which is acceptable to the Council; and an invoice given by you or a member of your family is not acceptable. Thus, for example, where you or a member of your family carry out the works, an invoice (which can be authenticated) from a third party will be needed for the cost of the materials.

Section 98(1) defines "member of a family" by reference to section 113 of the Housing Act 1985. The definition includes spouses; persons who live together as husband and wife; parents; grandparents; children; grandchildren; brothers; sisters; uncles; aunts; nephews; and nieces.

11. Under section 39, the Council may pay a grant (or part of a grant) either directly to the contractor or by cheque made out to the contractor but given to the grant applicant. The Council can do this only if, before approving the grant application, they informed the applicant that this would or might be the method of payment.

12. Under the Housing Renewal Grants (Services and Charges) Order 1996 (S.I. 1996/2889), the preliminary or ancillary services and charges which may be included in a grant application are the cost of: confirmation, if sought by the Council, that you have an owner's interest in the property; technical and structural surveys; design and preparation of plans and drawings; preparation of schedules of the relevant works; assistance in completing forms; advice on financing the cost of the relevant works which are not met by grant; applications for building regulations approval or planning permission (including the application fee and the preparation of related documents); obtaining estimates for the relevant works; advice on contracts; consideration of tenders; supervision of the relevant works; disconnection and reconnection of electricity, gas, water or drainage utilities where this is made necessary by the relevant works (but not charges arising from non-payment of bills); and payment of contractors.

Where the application is for a disabled facilities grant, the services and charges of an occupational therapist in relation to the relevant works may be included in your application.

If you are unsure whether to include a service or charge in your application, please ask the Council for advice. Please also see note 10 for the documentation which the Council will require from you before they can pay any grant.

13. Under section 29, grant will not normally be paid if you, or anyone acting on your behalf, begin works before you receive written approval of this application. An exception may be made where the Council is satisfied that there were good reasons for beginning the works before the application was approved; but the application will be treated as excluding any works already completed. Where all the works have been completed, the Council is not allowed to approve the application.

Section 29 does not apply to grant approval for works required to render a dwelling fit for human habitation or to comply with a notice under section 189 or 190 of the Housing Act 1985: section 29(5) and (6).

14. A conversion application, in relation to an application for a renovation grant, means an application for works to provide one or more dwellings by the conversion of a house or other building: section 58.

A conversion application is treated as an owner-occupier's application 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). For owner-occupation certificate, see note 15.

15. An owner-occupation certificate (for renovation grant) certifies that you-

(a)have or propose to acquire an owner's interest in the dwelling or building, and

(b)intend that you or a family member will live in the dwelling as your (or that member's) only or main residence throughout the period of 5 years beginning with the date when the Council certify the works as completed to the Council's satisfaction. See section 8(2).

16. A landlord's application for disabled facilities grant means an owner's application for 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, by the applicant(s): section 31(2).

17. A participating landlord is a landlord who has an owner's interest in the building and a duty or power to carry out any of the relevant works, and who joins in a tenants' application for a common parts grant: section 15(4).

A participating landlord 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. There is a specimen recommended form for landlord's applications in Annex J2 to Circular 17/96, which authorities are free to draw on as they see fit.

18. A certificate of intended letting (for renovation grant) certifies that you (or, in the case of a tenant's application, the landlord)-

(a)have or propose to acquire an owner's interest in the dwelling or building, and

(b)intend that, throughout the period of 5 years beginning with the date when the Council certify the works as completed to the Council's satisfaction, the dwelling will be let or available for letting as a residence (and not for a holiday) to a person who is not connected with the owner for the time being of the dwelling. See section 8(3).

In (b), "letting" includes the grant of a licence to occupy premises, but does not include a letting on a long tenancy (a tenancy for a term of over 21 years): section 8(4). Under section 98(2), a person is "connected with" the owner of a dwelling if he/she is a member of the owner's family (see note 10) or if he/she has a beneficial interest in the dwelling, or the proceeds of sale of the dwelling, under a will or trust.

19. A tenant's certificate relating to an application for renovation grant certifies-

(a)that you are a tenant of the dwelling and are required by your tenancy to carry out the works, and

(b)that you or a member of your family intend to live in the dwelling as your (or that member's) only or main residence. See section 9(2).

A tenant's application must also be accompanied by a certificate of intended letting (see note 18) from the landlord. The Council may waive this requirement if they consider it unreasonable in any particular case. See section 9(3).

20. These are the "owner's interests" as defined by section 101.

21. If you have exchanged contracts on a purchase, give the date that the purchase is to be completed. The Council cannot approve an owner's application for renovation grant until they are satisfied that you have acquired an owner's interest.

22. If you have answered "No" to both questions 2A.3 and 2A.4, you should not be making an owner's application. If you cannot answer "Yes" to one of these questions, and you are unable to apply as a tenant (questions 2A.13 to 2A.19), do not proceed any further with this application.

23. If you have answered "No" to questions 2A.5 and 2A.6 you should not be applying for a renovation grant. If you cannot answer "Yes" to one of these questions, do not proceed any further with this application.

24. Give as full a description as you can of the proposed works. It will help you to supply plans and in the case of works of improvement or conversion these should be of the property before and after the works have been carried out.

25. Under section 10, the Council may not entertain this type of owner's application for a renovation grant unless they are satisfied that you have had an owner's interest in the dwelling throughout the three years ending with the date of your application. The Council may waive this requirement in a particular case or particular types of case.

26. Under section 10, the Council may not entertain this type of owner's application for a renovation grant unless they are satisfied that you have lived in the dwelling as your only or main residence throughout the three years ending with the date of your application. The Council may waive this requirement in a particular case or particular types of case.

27. If you own or intend to buy the freehold of the property, or if you have or are proposing to take a tenancy with at least 5 years of the term still to run, you cannot make a tenant's application. You should instead consider making an owner's application.

28. Please produce evidence of your obligations by enclosing with your application a copy of your lease or tenancy agreement.

29. If you have answered "No" to question 2A.14, then you are not eligible to make a tenant's application for a renovation grant: see section 7(5)(a).

30. Under section 10, the Council may not entertain a tenant's application for a renovation grant unless they are satisfied that you were a qualifying tenant of the dwelling (i.e., that you were a tenant of the dwelling and were required by your tenancy to carry out the works) throughout the three years ending with the date of your application. The Council may waive this requirement in a particular case or particular types of case.

31. The disabled occupant, in relation to an application for disabled facilities grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works: section 20.

Section 100 gives the meaning of "disabled person" for the purposes of the housing renewal grants legislation.

32. If you have answered "No" to both questions (a) and (b) of question 2B.2, you cannot apply for disabled facilities grant.

33. Under section 24, a property's fitness for human habitation is one of the matters which the Council can take into account in assessing whether the proposed disabled adaptation works would be "reasonable and practicable"(which is a requirement of the section). Where the property is unfit for human habitation and/or in serious disrepair, you should consider also making an application for renovation grant (which is the appropriate grant for works to remedy unfitness or disrepair) as well as for disabled facilities grant.

34. Under sections 21 and 22, the Council is not allowed to entertain an application for disabled facilities grant unless the application is accompanied (in the case of an owner's application) by an "owner's certificate"(see note 35), or (in the case of a tenant's application) both a "tenant's certificate"(see note 36) and an "owner's certificate", relating to the dwelling. The requirement for an owner's certificate to accompany a tenant's application may be waived by the Council where they consider it unreasonable in the circumstances.

35. Under section 21(2), an "owner's certificate" relating to an application for disabled facilities grant certifies that the applicant-

(a)has or proposes to acquire a qualifying owner's interest in the property on which the relevant works are to be carried out, and

(b)intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

36. Under section 22(2), a "tenant's certificate" relating to an application for disabled facilities grant certifies-

(a)that the application is a tenant's application, and

(b)that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

37. Under section 19(1)(b) and (5), for the purposes of disabled facilities grant "tenant" means someone who has a tenancy (other than a tenancy with at least 5 years still to run) and is expressly stated to include-

• a secure tenant under the Housing Act 1985 or an introductory tenant under the Housing Act 1996,

• a statutory tenant under the Rent (Agriculture) Act 1976 or the Rent Act 1977,

• a protected occupier under the Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy under the Housing Act 1988, or

• a service licensee (i.e., someone who occupies the dwelling for the better performance of his/her duties as an employee).

Please also see note 27.

38. Please document your duty and/or power by enclosing with your application a copy of your lease, tenancy agreement or licence agreement.

39. If you have neither a duty nor a power to carry out works to the common parts of the building, you cannot apply for a disabled facilities grant towards such works.

40. If you have neither a power nor a duty nor your landlord's permission to carry out works to the common parts, you are not eligible to apply for disabled facilities grant for works to the common parts of the building.

41. A participating landlord (see section 15(4)) should not join in a tenants' application for common parts grant by completing this form, 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.

This applies even to landlords who also have a tenancy of a flat in the building and the tenancy is of a kind that would entitle them to join in a tenants' application for common parts grant as a tenant. If you are in this position, you should complete a landlord's application form (obtainable from the Council).

42. Under section 14(2), for the purposes of common parts grant "occupying tenant" means a person who has in relation to the flat (alone or jointly with others)-

• a long tenancy at a low rent to which section 1 of the Landlord and Tenant Act 1954 or Schedule 10 to the Local Government and Housing Act 1989 applies,

• an assured tenancy under Part I of the Housing Act 1988,

• a protected tenancy under the Rent Act 1977,

• a secure tenancy under the Housing Act 1985,

• a statutory tenancy under the Rent (Agriculture) Act 1976 or the Rent Act 1977, or

• a protected occupancy under the Rent (Agriculture) Act 1976 or an assured agricultural occupancy under Part I of the Housing Act 1988.

43. If you have answered "No" to both questions 2C.2 and 2C.3, you are not eligible to apply for common parts grant either as a tenant or as a participating landlord.

44. If you have answered "No" to question 2C.5, you are not eligible to apply for common parts grant as a tenant. If you cannot answer "Yes", then do not join in making this application.

45. The Council is not allowed to entertain a tenants' application for common parts grant unless a certificate complying with section 16(2) is submitted with the application.

A section 16(2) certificate is signed by each of the applicants and-

(a)specifies the interest of each of the applicants in each flat in the building, and

(b)certifies that the required proportion (i.e., two-thirds) of the flats in the building is occupied by "occupying tenants"(for the meaning of which please see note 42).

46. Please attach copies of any documentation (e.g., your lease or tenancy agreement) containing or evidencing your duty (or, if you are a participating landlord, your duty or power: see question 2C.13). If other people share your duty (or duty or power), please state how many people do so. For this purpose, an interest held jointly by two or more people should be counted as if it were held by one person.

47. If you have answered "No" to both questions 2C.8 and 2C.9, you are not eligible to join in a tenants' common parts application. If you cannot answer "Yes" to one of these questions, do not proceed any further with this application.

48. The jobseeker's allowance (JSA) replaced unemployment benefit and income support for the unemployed with effect from 7th October 1996. Contribution-based JSA replaced unemployment benefit and income-based JSA replaced income support.

If you answered "Yes" to question 3.1 you do not need to answer the remaining questions in Part 3 (the test of resources). It may help the Council to process your application more quickly if each person who receives income support or an income-based jobseeker's allowance completes the authorisation at the end of Part 3. However, there is no obligation to do this, and you may instead go straight to Part 4 if you wish.

49. A partner is someone of the opposite sex who lives with you as husband or wife whether you are married or not.

You should answer "No" to question 3.2 if such a person who normally lives with you is absent and is likely to remain so for more than 52 weeks; but you should answer "Yes" if that person's absence is owing to exceptional circumstances beyond his/her control and is unlikely to be substantially more than 52 weeks.

50. If you have more than one partner, and you are married polygamously under the law of a country which permits such marriages, you should give the details requested in respect of each partner living with you, and answer questions 3.3 to 3.40 in respect of each of them. You should also ensure that your answers to questions 3.14 to 3.19 cover all children and young persons for whom you or any of your partners are responsible and who normally live with you.

51. Even if you or your partner have been capable of work in recent weeks, you may still qualify for the "disability premium" if you or your partner have a long record of incapacity. If you think this applies to you, you should still answer "No" to this question, but give full details.

52. Where two or more periods of incapacity are separated by a break or breaks each of not more than 56 days, those periods are treated as one continuous period of incapacity.

53. A person is terminally ill if he/she suffers from a progressive disease and his/her death in consequence of that disease can reasonably be expected within 6 months. Where two or more periods of incapacity are separated by a break or breaks each of not more than 56 days, those periods are treated as one continuous period of incapacity.

54. You should answer "Yes" to this question if payment of this benefit to you or your partner has been suspended, or if the amount of the benefit has been reduced because you or your partner are receiving free in-patient treatment within a hospital or similar institution (but not a prison or youth custody institution).

55. Answer "Yes" to this question if you or your partner-

(a)would be entitled to invalid care allowance but for an overlapping benefit (i.e., injury benefit, unemployability supplement, industrial death benefit, war pensions death benefit, and training allowance); or

(b)receive a concessionary payment by way of compensation for the non-payment of invalid care allowance; or

(c)would receive the allowance, but for the person for whom you were, or your partner was, caring being an in-patient in a hospital or similar institution for a period exceeding 28 days.

56. Answer "Yes" to this question if you or your partner ceased to receive this pension because of payment of a retirement pension. (After 12th April 1995 invalidity pension was replaced by long-term incapacity benefit.)

57. Answer "Yes" to this question if you or your partner ceased to receive long-term incapacity benefit because of payment of a retirement pension. (After 12th April 1995, long-term incapacity benefit replaced invalidity pension for week 53 onwards of a person's incapacity.)

58. Answer "Yes" to the appropriate part of this question if you or your partner ceased to receive short-term incapacity benefit at a rate equal to or greater than the long-term rate because of payment of a retirement pension. (After 12th April 1995, short-term incapacity benefit replaced sickness benefit and invalidity benefit for weeks 1 to 52 of a person's incapacity.)

59. A dependent child or young person is someone:

• who is under the age of 19;

• for whom you or your partner are responsible;

• in respect of whom you or your partner receive child benefit, or who is treated as a child for child benefit purposes; and

• who normally lives with you.

You should not include any young person who is on income support or an income-based jobseeker's allowance.

You should answer "No" if a child or young person who normally lives with you is absent and is likely to remain so for more than 52 weeks; but you should answer "Yes" if that child or young person's absence is owing to exceptional circumstances beyond his/her control and is unlikely to be substantially more than 52 weeks.

60. If you or your partner are receiving income support or an income based job-seeker's allowance, you need not answer questions 3.16 and 3.17.

61. Do not include any who are under 16 or who are still in full time education.

62. In calculating the number of hours worked per week, you should look at the last cycle of the child's working hours (if the child has a recognisable cycle) or (if not) at the last five weeks, immediately prior to this application. You should not include any day on which the child who would otherwise be working is on maternity leave or is absent from work because he/she is ill.

63. You should include benefits, charitable and voluntary payments, and maintenance payments.

64. You do not need to include attendance allowance, disability living allowance or mobility supplement.

65. You should include any of the following:

• cash savings;

• money in bank, building society or Post Office accounts;

• National Savings Certificates and Premium Bonds;

• stocks, shares and unit trusts.

66. You should include details of any capital payable in instalments, including in particular the total amount of any outstanding instalment or instalments.

67. For this purpose, a person lives with you if they share with you a room or rooms other than a bathroom, lavatory or communal area e.g. hall; but not if you pay separately for your accommodation to a landlord.

68. The Council may ask you to provide evidence of earnings covering the last 52 weeks in respect of any paid employment, together with details of any private pension plan payments made in the same period.

The Council may also ask you to provide evidence of all other income received in the last 52 weeks.

69. If you have a partner and you are paid jointly, as a couple, enter the details in one or other column (it does not matter which) but not both.

70. Gross pay should include bonus or commission, overtime, holiday pay, sick pay or maternity pay.

71. "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.

72. "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.

"Personal pension" means a pension or other periodical payment under a personal pension scheme.

73. "Retirement annuity contract" means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.

"Retirement annuity" means a periodical payment under a retirement annuity contract.

74. In calculating the number of hours worked per week, you should look at the last cycle of your working hours (if you have a recognisable cycle) or (if you have not) at the last five weeks, immediately prior to this application. You should not include any day on which the person who would otherwise be working is on maternity leave or is absent from work because he/she is ill. If you or your partner work at a school or college or in a job where there are school holidays or similar periods during which you do not or your partner does not work, you should disregard these periods-and any other periods during which you or your partner are not required to work-in calculating the average hours worked per week.

75. Please supply copies of the latest accounts which give details of your self-employment. Please include details of any pension plan or retirement annuity payments, and income tax, national insurance contributions and net VAT paid. "Net VAT" means the excess of any value added tax paid by you in respect of taxable supplies made to you, over any such tax received by you in respect of taxable supplies made by you, calculated with reference to the previous 12 months.

76. Give the net amount if your pension or retirement annuity is taxed.

77. This means a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.

78. Supplementary pensions are paid to servicemen's widows, for example: (i) where the widow is aged 40 or over; (ii) where she cannot support herself; or (iii) in respect of certain children of her late husband.

79. Please mention any analogous pension received from a country outside Great Britain. You should also answer this question if you receive compensation for the non-payment of such a pension, whatever its source.

80. This means a pension payable to a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty to make pension provision for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown.

Please mention any analogous pension received from a country outside Great Britain. You should also answer this question if you receive compensation for the non-payment of such a pension, whatever its source.

81. These payments are made to widows of persons killed before 31st March 1973 on service analogous to service in the armed forces of the Crown.

82. Under this Scheme, pensions and allowances are paid to or in respect of civilians who were injured or killed in the 1939-45 War.

83. You do not need to include any of the following:

• attendance allowance;

• council tax benefit;

• disability living allowance;

• guardian's allowance;

• housing benefit;

• any jobseeker's allowance or income support (see questions 3.1 and 3.22);

• payments from the Macfarlane Trusts, the Independent Living Fund, the Independent Living (Extension) Fund or the Independent Living (1993) Fund;

• payments from the Fund, i.e., money made available by the Secretary of State under a scheme set up on 24th April 1992 or, in Scotland, on 10th April 1992;

• payments under the "business on own account" scheme, the "personal reader service" or the "fares to work" scheme;

• social fund payments under Part VIII of the Social Security Contributions and Benefits Act 1992.

Certain other benefits and allowances may also be disregarded in calculating your income, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it can be disregarded.

84. Earnings top-up means the allowance paid by the Secretary of State under the Earnings Top-up Scheme. The Scheme, which applies only in certain areas of Great Britain, is an extra-statutory scheme introduced by the Secretary of State for Social Security having effect on 8th October 1996.

85. You do not need to include any of the following:

• anything listed in note 83;

• boarding-out or fostering payments made by a local authority, health authority or voluntary organisation;

• job start allowance;

• "Part III" payments, i.e., payments made by a local authority under section 17 or 24 of the Children Act 1989 in respect of children and young people;

• payments made to you as a holder of the Victoria Cross or George Cross.

Certain other payments may also be disregarded in calculating your income, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it should be disregarded.

86. Do not include payments made to you by a health authority, local authority or voluntary organisation for children cared for by you in your household.

87. This means an allowance paid to you in respect of your participation in a recognised scheme of youth training established under the Employment and Training Act 1973.

88. The Council may ask you to provide evidence of all savings, investments and other capital.

89. If you have a partner and hold any savings, investments or other capital jointly, enter the details in one or other column (it does not matter which) but not both.

If you hold any capital jointly with people other than your partner, please include the full amount of that capital (where known) and state how many others have a share in it.

90. You do not need to include any of the following:

• council tax benefit;

• housing benefit, or housing benefit transitional payments;

• "Part III" payments (see note 86);

• payments from the Macfarlane Trusts, the Independent Living Fund, the Independent Living (Extension) Fund or the Independent Living (1993) Fund;

• payments from the Fund (see note 83);

• payments under the "business on own account" scheme, the "personal reader service" or the "fares to work" scheme;

• "start-up" payments to homeworkers assisted under the Blind Homeworkers' Scheme;

• social fund payments under Part VIII of the Social Security Contributions and Benefits Act 1992;

• any payment made to you or your partner as holder of the Victoria Cross or George Cross; or

• any back to work bonus payable by way of a jobseeker's allowance or income support in accordance with section 26 of the Jobseekers Act 1995, or a corresponding payment under article 28 of the Jobseekers (Northern Ireland) Order 1995.

Certain other kinds of savings and capital payments may also be disregarded in calculating your capital, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a payment falls into one of these categories you should include it and provide full details of the nature of the payment so that the Council can decide whether or not it should be disregarded.

91. You should include second homes, holiday homes and any other property, including property abroad. Please mention separately any land for which you receive rent under an existing lease or sub-lease.

You do not need to include any of the following:

• your own home;

• the property which is the subject of this application;

• any property occupied by an elderly (i.e. aged 60 or over) or incapacitated relative of yours, or of a member of your family, as his/her only or main residence. "Relative" means any of the following: parents, parents-in-law, step-parents, sons, daughters, sons and daughters-in-law, stepsons and daughters, brothers and sisters, grandparents, grandchildren, uncles and aunts, nephews and nieces;

• if you are self-employed, the assets of your business;

• capital administered by the courts of England and Wales or Scotland for a person under 18, deriving from an award of damages for personal injury to that person or from compensation for the death of one or both parents.

Certain other capital payments may also be disregarded in calculating your capital, but for the purposes of completing this form you should only exclude those payments mentioned above. If you are in any doubt about whether a property or other capital falls into one of these categories you should include it and provide full details so that the Council can decide whether or not it can be disregarded.

92. A contribution is a payment which you are treated as making towards the student's grant, whether or not the payment is actually made to the student.

93. You should answer "No" to this question where the care is provided by you or your partner for a child named in question 3.15 and one partner charges the other for providing the care.

94. The schools and other establishments referred to, which are exempted from registration under section 71 of the Children Act 1989 by paragraphs 3 and 4 of Schedule 9 to that Act, are:

(a)by paragraph 3 of Schedule 9-

• a school maintained or assisted by a local education authority;

• a school under the management of an education authority;

• a school in respect of which payments are made by the Secretary of State under section 100 of the Education Act 1944;

• an independent school;

• a grant-aided school;

• a grant maintained school;

• a self-governing school;

• a play centre maintained or assisted by a local education authority under section 53 of the Education Act 1944;

where the child concerned is looked after under day care arrangements made by the person carrying on the establishment as part of its activities or by his/her employee at the establishment authorised to make those arrangements as part of the establishment's activities; and

(b)by paragraph 4 of that Schedule-

• a registered children's home;

• a voluntary home;

• a community home;

• a residential care home, nursing home or mental nursing home required to be registered under the Registered Homes Act 1984;

• a health service hospital;

• a home provided, equipped and maintained by the Secretary of State;

where the child concerned is looked after under day care arrangements made by the department, authority or other person carrying on the establishment as part of its activities or by an employee at the establishment authorised to make those arrangements as part of the establishment's activities.

95. Answer "Yes" to this question if-

(1) you are, or your partner is, aged less than 60 and one or more of the following conditions is satisfied-

(a)you receive, or your partner receives, attendance allowance, disability living allowance, disability working allowance, mobility supplement, long-term incapacity benefit or severe disablement allowance (but in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of the person receiving the benefit or allowance);

(b)you have, or your partner has, ceased to receive long-term incapacity benefit (or, if paragraph (2) applies, you or your partner ceased to receive invalidity pension before 13th April 1995) because of payment of a retirement pension and, in the case of your partner, he/she is still a member of your family;

(c)you were, or your partner was, in receipt of attendance allowance or disability living allowance but payment of benefit has been-

(i)suspended under section 113(2) of the Social Security Contributions and Benefits Act 1992, or

(ii)otherwise abated because you are, or your partner is, receiving free in-patient treatment within a hospital or similar institution (but not where you are, or he/she is, serving a sentence of imprisonment or of detention in a youth custody institution);

(d)you are, or your partner is, provided with an invalid carriage or other vehicle or a grant for such a vehicle, under English and Welsh or Scottish legislation;

(e)you are, or your partner is, a registered blind person or ceased to be so registered not more than 28 weeks ago;

(f)(i)you are, or are treated as, incapable of work under Part XIIA of the Social Security Contributions and Benefits Act 1992; and

• you have been entitled to statutory sick pay or you have been, or been treated as, incapable of work for at least the last 364 days continuously or, if terminally ill, for at least the last 196 days continuously (include any period of incapacity falling before 13th April 1995 and satisfying condition (f)(ii) below; and disregard any break or breaks each of up to 56 days between periods of incapacity and, once you have completed the qualifying period, any period of employment training or of receipt of a training allowance);

• or

(ii)immediately before 13th April 1995 you or your partner, in respect of a continuous period of not less than 28 weeks,

• provided evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (or comparable Northern Ireland legislation) as then in force in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 31, 33 or 68 of the Social Security Contributions and Benefits Act 1992 (or comparable Northern Ireland legislation) as then in force, provided that an adjudication officer had not determined that you or, as the case may be, your partner was not incapable of work, or

• were in receipt of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 as then in force;

• and from 13th April 1995 you have or, as the case may be, your partner has continued to be incapable of work in accordance with Part XIIA of the Social Security Contributions and Benefits Act 1992 continuously (disregard any break or breaks each of up to 56 days between periods of incapability);

(2) you are, or your partner is, aged less than 80 but not less than 60 and one or more of conditions (a) to (f) in paragraph (1) is satisfied (but in the case of condition (f)(i), once you have completed the qualifying period, any period of employment training or of receipt of a training allowance may not be disregarded); or

(3) paragraph (1) or (2) would apply to your partner, but for your partner being treated as capable of work by a determination under section 171E of the Social Security Contributions and Benefits Act 1992; or

(4) you have been, or been treated as, incapable of work under Part XIIA or the Social Security Contributions and Benefits Act 1992 for a continuous period of at least 196 days (disregard any break or breaks each of up to 56 days between periods of incapacity); or

(5) one or more of the following (including Northern Ireland equivalents) is payable for you or your partner:

(a)long-term incapacity benefit;

(b)short-term incapacity benefit at the higher rate;

(c)attendance allowance;

(d)severe disablement allowance;

(e)disability living allowance;

(f)increase of disablement pension for constant attendance;

(g)a pension increase under a war pension scheme or industrial injuries scheme for attendance, constant attendance, or which is analogous to disability living allowance; or

(6) one of (5)(b), (e), (f) or (g) was payable on account of your or your partner's incapacity but ceased to be payable as a result of you or he/she receiving free medical or other treatment as an in-patient in an NHS hospital or similar institution or under arrangements made by an NHS body or the Secretary of State (please note: a person serving a sentence of imprisonment or of detention in a youth custody institution does not count as an "in-patient"); or

(7) you or your partner are provided with an invalid carriage or other vehicle or receive an allowance for such a vehicle (including where the carriage, vehicle or allowance is provided under Northern Ireland legislation).

96. The Council will normally ask for two estimates of the costs of works from different contractors; but they may require more or fewer than two estimates in any particular case. The estimates should be itemised. See also note 10.

97. The particulars of any preliminary or ancillary services and charges are for the services and charges identified in question 1.16 (see note 12). Please include estimates.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe a form for applications for grants under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 to which section 30 of that Act (means testing in case of application by owner-occupier or tenant) applies (save for landlord's applications for disabled facilities grant). The Regulations also prescribe particulars to be contained in such applications.

The Regulations reflect the means test rules for owner-occupiers and tenants contained in the Housing Renewal Grants Regulations 1996 (S.I. 1996/2890). In substance, the form prescribed in Schedule 1 is principally a consolidation both of Forms 1, 2 and 3 prescribed by the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1994 as amended. In appearance, the form differs from those previously prescribed, since a number of questions and notes have been omitted or amalgamated. There are also new questions and notes reflecting provisions specific to the 1996 Act and recent changes to housing benefit rules (the means test for owner-occupier's and tenant's applications for housing renewal grants being closely based on the means test for housing benefit).

By regulation 4, the Regulations do not apply to owner-occupiers' and tenants' applications for grant made before the Regulations came into force.