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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 461

HOUSING

The Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003

  Made 29th September 2003 
  Coming into force 1st October 2003 


ARRANGEMENT OF REGULATIONS


PART I

GENERAL
1. Citation and commencement
2. Interpretation

PART II

ASSESSMENT OF CONTRIBUTIONS - OWNER AND TENANT OCCUPIERS

CHAPTER I:

GENERAL
3. Applications to which Part II applies

CHAPTER II:

ASSESSMENT OF APPLICANT'S CONTRIBUTIONS
4. Assessment of applicant's contributions

CHAPTER III:

INCOME - GENERAL
5. Determination of income of relevant person
6. Determination of income over the assessment period
7. Determination of income where not reasonably possible to assess over assessment period
8. Determination where a relevant person declines to provide income details
9. Cases where income is disregarded

CHAPTER IV:

EMPLOYED EARNERS
10. Earnings of employed earners
11. Determination of net earnings of employed earners

CHAPTER V:

SELF-EMPLOYED EARNERS
12. Earnings of self-employed earners
13. Determination of net profit of self-employed earners
14. Deduction of tax and contributions for self-employed earners

CHAPTER VI:

OTHER INCOME
15. Determination of income other than earnings
16. Sums to be disregarded in the determination of other income
17. Notional income and joint income and capital
18. Determination of income from capital and investments
19. Determination of income from pensions
20. Determination of housing benefit as income
21. Determination of certain capital payments and receipts as income
22. Determination of income from rent
23. Determination of other payments as income

CHAPTER VII:

ALLOWABLE DEDUCTIONS
24. Determination of allowable deductions
25. Allowable deductions for mortgage or rent
26. Allowable deductions for dependent and disabled people
27. Circumstances where a person is to be treated as responsible for another person

PART III

ASSESSMENT OF CONTRIBUTIONS - NON-OCCUPIERS AND OTHER PREMISES
28. Interpretation
29. Applications to which Part III applies
30. Determination of added value
31. Circumstances where added value deemed to be nil
32. Calculation of applicant's contribution
33. Reduction of applicant's contribution
34. Applicant's contribution not to be less than added value

PART IV

ASSESSMENT OF CONTRIBUTIONS - OTHERS
35. Assessment of contributions where application falls outwith Part II and Part III

PART V

APPLICATION
36. Application of Regulations

SCHEDULES

  1. Assessment of applicant's contributions

  2. Sums to be disregarded in the determination of income other than earnings

The Scottish Ministers in exercise of the powers conferred by section 240A of the Housing (Scotland) Act 1987[
1] and all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 240A(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:



PART I

GENERAL

Citation and commencement
     1. These Regulations may be cited as the Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003 and shall come into force on 1st October 2003.

Interpretation
    
2.  - (1) In these Regulations-

    (2) In these Regulations, unless the context otherwise requires-



PART II

ASSESSMENT OF CONTRIBUTIONS - OWNER AND TENANT OCCUPIERS



CHAPTER I:

GENERAL

Applications to which Part II applies
     3. The classes of application to which this Part of these Regulations apply are-



CHAPTER II:

ASSESSMENT OF APPLICANT'S CONTRIBUTIONS

Assessment of applicant's contributions
    
4.  - (1) The amount to be treated as the applicant's contribution for the purposes of an application as mentioned in regulation 3 shall be assessed by-

    (2) For the purposes of this regulation "total applicable income" means the sum of the incomes of all relevant persons over the assessment period reduced by the sum of any allowable deductions in respect of those relevant persons.

    (3) The relevant persons are-

    (4) For the purpose of paragraph (3)(b) and (c) a spouse shall be treated as not living with or intending to live with the applicant or joint owner, joint tenant or joint liferenter of the applicant where that spouse is living away from the applicant or joint owner, joint tenant or joint liferenter, and does not intend to resume living with the applicant or joint owner, joint tenant or joint liferenter.



CHAPTER III:

INCOME - GENERAL

Determination of income of relevant person
    
5. The income of a relevant person shall be determined in accordance with the following provisions of this Chapter and Chapters IV to VI.

Determination of income over the assessment period
    
6. The income of each relevant person shall be determined by aggregating income over the assessment period from-

Determination of income where not reasonably possible to assess over assessment period
    
7. Where it is not reasonably possible to ascertain the relevant person's income (in a case to which regulation 8 does not apply), over the relevant assessment period, the local authority may determine an amount based on-

and the amount so determined shall be treated as the relevant person's income for the purpose of these Regulations.

Determination where a relevant person declines to provide income details
    
8. Where in relation to any application a relevant person declines to provide details of income or provides insufficient details to enable total applicable income to be assessed, the applicant's contribution in that case shall be deemed to be the full amount of approved expense.

Cases where income is disregarded
    
9. Any income of a relevant person shall be disregarded, if at the date of an application that person is in receipt of-



CHAPTER IV:

EMPLOYED EARNERS

Earnings of employed earners
    
10.  - (1) Subject to paragraph (2), "earnings" means in the case of employment as an employed earner, the gross remuneration or profit from that employment and includes-

    (2) Earnings shall not include-

Determination of net earnings of employed earners
     11. The net earnings of a relevant person derived from employment as an employed earner shall, for the purposes of regulation 6, be determined by taking into account the earnings of the relevant person from that employment over the assessment period, less-



CHAPTER V:

SELF-EMPLOYED EARNERS

Earnings of self employed earners
    
12. "Earnings" means, in the case of employment as a self employed earner, the gross income of that employment and includes any allowance paid under section 2 of the Employment and Training Act 1973[22] or section 2 of the Enterprise and New Towns (Scotland) Act 1990[23] to the relevant person for the purposes of assisting that person in carrying on that business.

Determination of net profit of self-employed earners
     13.  - (1) The net earnings of a relevant person derived from profit as a self employed earner shall, for the purposes of regulation 6, be determined in accordance with the following paragraphs (2) to (10).

    (2) In the case of a self employed earner who is engaged in employment on that self-employed earner's own account, the net profit derived from that employment.

    (3) 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[
24], his share of the net profit derived from that employment, less an amount in respect of income tax and of social security contributions payable under the 1992 Act determined in accordance with regulation 14.

    (4) For the purposes of paragraph (2) 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-

    (5) For the purposes of paragraph (2) 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 (6) to (8), any expenses wholly and exclusively incurred in that period for the purposes of that employment.

    (6) Subject to paragraph (7), no deduction shall be made under paragraph (4)(a) or (5), in respect of-

    (7) A deduction shall be made under paragraph (4)(a) or (5) in respect of

    (8) No deduction shall be made in respect of any expenses under paragraph (4)(a) or (5) where, given the nature and the amount of the expense, it has been unreasonably incurred.

    (9) Where a relevant person is engaged in employment as a child minder the net profit of the employment shall be determined by taking into account one third of the earnings of that employment over the assessment period, less-

    (10) For the avoidance of doubt, where a relevant person is engaged in employment as a self employed earner and that relevant person is also engaged in one or more other employments as a self employed earner or employed earner any loss incurred in any one of that relevant person's employments shall not be offset against earnings in any other of that relevant person's employments.

Deduction of tax and contributions for self-employed earners
     14.  - (1) The amount to be deducted in respect of income tax under regulation 13(3), (4) or (9) 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 or the basic rate and higher 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[25] as is appropriate to that relevant person's circumstances; but, if the assessment period is less than a year, the earnings to which the lower rate and, if appropriate, the basic rate and the higher 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 13(3), (4) or (9) shall be the total of-

    (3) In this regulation "chargeable income" means-



CHAPTER VI:

OTHER INCOME

Determination of income other than earnings
     15. Income other than earnings shall, for the purpose of regulation 6, be determined in accordance with this Chapter.

Sums to be disregarded in the determination of other income
    
16.  - (1) The income of a relevant person shall include income under this Chapter but any amount paid by way of tax on income shall be disregarded.

    (2) There shall be disregarded from the determination of a relevant person's income under this Chapter any sum, where applicable, specified in Schedule 2.

    (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.

Notional income and joint income and capital
    
17.  - (1) A relevant person shall be treated as possessing income as determined in accordance with Chapters III, IV, V and this Chapter of which that relevant person has deprived themself for the purpose of increasing the amount of grant.

    (2) A relevant person shall be treated as possessing income as determined in accordance with Chapters III, IV, V and this Chapter which that relevant person could reasonably have expected to receive during the period of assessment but which that relevant person has not received.

    (3) Where a relevant person and one or more persons are entitled to benefit from any income under this Chapter they should be treated for the purpose of determining income as if each of them were entitled to an equal share of the payment.

Determination of income from capital and investments
    
18.  - (1) Any investment income from capital and investments shall, for the purposes of regulation 6 and this regulation, be taken into account as income of a relevant person and includes income from-

    (2) Any investment income from capital and investments shall, for the purposes of regulation 6 and this regulation, exclude-

Determination of income from pensions
    
19. Any income from pensions other than retirement pension shall, for the purposes of regulation 6 and this regulation, be taken into account as income of a relevant person and includes income from-

Determination of housing benefit as income
    
20. Where a relevant person is in receipt of housing benefit, that benefit shall, for the purposes of regulation 6 and this regulation, be taken into account as income of the relevant person.

Determination of certain capital payments and receipts as income
    
21.  - (1) Subject to paragraph (2), all capital payments received by a relevant person in the 3 years immediately preceding the date of application shall, for the purposes of regulation 6 and this regulation, be determined as income in the assessment period to the extent that they consist of any payment made for the purpose of enabling the works to which the application relates to be carried out.

    (2) Paragraph (1) does not apply in respect of any capital payments which are repayable by that relevant person.

Determination of income from rent
    
22.  - (1) Any rental income of a relevant person shall, for the purposes of regulation 6, be taken into account as income of that relevant person.

    (2) Such income shall be assessed as income of a relevant person whether or not the property in respect of which the rental income is received is the same property to which the application relates.

Determination of other payments as income
    
23. Any periodic payments to a relevant person shall, for the purpose of regulation 6 and this regulation, be taken into account as income of that relevant person where a payment consists of-



CHAPTER VII:

ALLOWABLE DEDUCTIONS

Determination of allowable deductions
    
24. Allowable deductions for the purposes of regulation 4(2) shall be determined in accordance with this Chapter.

Allowable deductions for mortgage or rent
    
25.  - (1) Subject to paragraph (3) rental payments made by the relevant person for the purpose of allowing-

to occupy any property as that person's or, as the case may be, that member's main or only residence shall be allowable deductions.

    (2) For the purposes of paragraph (1) rental payment excludes any payment in relation to council tax or water charges but includes any payment in relation to any standard security over the property granted-

    (3) For the purposes of the case referred to in paragraph (1)(b), the payment is a rental payment only where the relevant person is contractually obliged to make that payment.

Allowable deductions for dependent persons and disabled people
    
26.  - (1) The allowances specified in this regulation shall be allowable deductions and are as follows-

    (2) Where more than one relevant person is responsible for another person in terms of regulation 27 then the allowances provided for at paragraph (1)(a)(i) or (ii) shall be applied only once in respect of each such other person for whom those relevant persons are responsible.

Circumstances where a person is to be treated as responsible for another person
    
27.  - (1) Subject to the following provisions of this regulation a person shall be treated as responsible for another person who is normally living with that person who is-

    (2) A person shall be treated for the purposes of paragraph (1) as normally living with-

    (3) In this regulation "full-time course of education" means a course of education requiring attendance for 24 weeks or more during any period of one year-



PART III

ASSESSMENT OF CONTRIBUTIONS - NON-OCCUPIERS AND OTHER PREMISES

Interpretation
     28. In this Part of these Regulations-

Applications to which Part III applies
    
29. The classes of application to which this Part applies are-

Determination of added value
    
30. The added value shall be determined by a qualified valuer nominated by the local authority by which the application is received.

Circumstances where added value deemed to be nil
    
31. The added value shall be deemed to be nil where the applicant is-

Calculation of applicant's contribution
     32. Subject to regulation 33, an applicant's contribution shall be the added value plus 80% of the amount by which the approved expense exceeds the added value.

Reduction of applicant's contribution
    
33.  - (1) Subject to regulation 34, the applicant's contribution shall be reduced by 20% of the amount by which the approved expense exceeds the added value for each qualifying condition which applies.

    (2) The qualifying conditions are-

Applicant's contribution not to be less than added value
     34. In no circumstances shall the applicant's contribution be less than the added value.



PART IV

ASSESSMENT OF CONTRIBUTION- OTHERS

Assessment of contributions where application falls outwith Part II and Part III
    
35. In the case of any application to which neither Part II nor Part III applies, the amount to be treated as the applicant's contribution shall be assessed as an amount equal to the approved expense.



PART V

APPLICATION

Application of Regulations
    
36. These Regulations shall not have effect in relation to applications for grant approved before these Regulations came into force.


MARY MULLIGAN
Authorised to sign on behalf of the Scottish Executive

St Andrew's House, Edinburgh
29th September 2003



SCHEDULE 1
Regulation 4


ASSESSMENT OF APPLICANT'S CONTRIBUTIONS


Column 1 Column 2
Range of income Percentage figure
From To  
£0 £9.99 0
£10 £242.99 1
£243 £475.99 2
£476 £708.99 3
£709 £941.99 4
£942 £1,174.99 5
£1,175 £1,407.99 6
£1,408 £1,640.99 7
£1,641 £1,873.99 8
£1,874 £2,106.99 9
£2,107 £2,339.99 10
£2,340 £2,572.99 11
£2,573 £2,805.99 12
£2,806 £3,038.99 13
£3,039 £3,271.99 14
£3,272 £3,504.99 15
£3,505 £3,737.99 16
£3,738 £3,970.99 17
£3,971 £4,203.99 18
£4,204 £4,436.99 19
£4,437 £4,669.99 20
£4,670 £4,902.99 21
£4,903 £5,135.99 22
£5,136 £5,368.99 23
£5,369 £5,601.99 24
£5,602 £5,834.99 25
£5,835 £6,067.99 26
£6,068 £6,300.99 27
£6,301 £6,533.99 28
£6,534 £6,766.99 29
£6,767 £6,999.99 30
£7,000 £7,299.99 31
£7,300 £7,599.99 32
£7,600 £7,899.99 33
£7,900 £8,199.99 34
£8,200 £8,499.99 35
£8,500 £8,799.99 36
£8,800 £9,099.99 37
£9,100 £9,399.99 38
£9,400 £9,699.99 39
£9,700 £9,999.99 40
£10,000 £10,299.99 41
£10,300 £10,599.99 42
£10,600 £10,899.99 43
£10,900 £11,199.99 44
£11,200 £11,499.99 45
£11,500 £11,799.99 46
£11,800 £12,099.99 47
£12,100 £12,399.99 48
£12,400 £12,699.99 49
£12,700 £12,999.99 50
£13,000 £13,299.99 51
£13,300 £13,599.99 52
£13,600 £13,899.99 53
£13,900 £14,199.99 54
£14,200 £14,499.99 55
£14,500 £14,799.99 56
£14,800 £15,099.99 57
£15,100 £15,399.99 58
£15,400 £15,699.99 59
£15,700 £15,999.99 60
£16,000 £16,299.99 61
£16,300 £16,599.99 62
£16,600 £16,899.99 63
£16,900 £17,199.99 64
£17,200 £17,499.99 65
£17,500 £17,799.99 66
£17,800 £18,099.99 67
£18,100 £18,399.99 68
£18,400 £18,699.99 69
£18,700 £18,999.99 70
£19,000 £19,499.99 71
£19,500 £19,999.99 72
£20,000 £20,499.99 73
£20,500 £20,999.99 74
£21,000 £21,499.99 75
£21,500 £21,999.99 76
£22,000 £22,499.99 77
£22,500 £22,999.99 78
£23,000 £23,499.99 79
£23,500 £23,999.99 80
£24,000 £24,799.99 81
£24,800 £25,599.99 82
£25,600 £26,399.99 83
£26,400 £27,199.99 84
£27,200 £27,999.99 85
£28,000 £28,799.99 86
£28,800 £29,599.99 87
£29,600 £30,399.99 88
£30,400 £31,199.99 89
£31,200 £31,999.99 90
£32,000 upwards 100



SCHEDULE 2
Regulation 16(2)


SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS


     1. Any payment in respect of any expenses incurred by a relevant person who is-

if he otherwise derives no remuneration or profit from the employment.

     2. In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

     3. Any payment under section 148 of the 1992 Act (Entitlement of pensioners to Christmas bonus).

     4. Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944[
29] or in accordance with arrangements made under section 2 of the Employment and Training Act 1973[30] to assist disabled persons to obtain or retain employment despite their disability.

     5. Any guardian's allowance under Part III of the 1992 Act.

     6. Any payment under the following-



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide a means of assessment of an applicant's contribution to the cost of works for which improvement grants, repairs grants and grants for a means of escape from fire for a house in multiple occupation may be given by a local authority. The Regulations are made under section 240A of the Housing (Scotland) Act 1987.

Part I of the Regulations deals with commencement and interpretation.

Part II of the Regulations sets out the means test in relation to applications for grant from owner occupiers, tenants, liferenters, disabled persons or the person responsible for a disabled person under the age of 16. In the last 2 cases the works must be to make the property suitable for the needs of the disabled occupant. Chapter I details the applications to which Part II applies. Chapter II sets out the formula for calculating the applicant's contribution and details who are the relevant persons whose income will be taken into account when calculating the applicant's contribution. Schedule 1 contains a table enabling the actual calculation of the applicant's contribution. Chapter III deals with general provisions in relation to how the income of relevant persons is assessed with detailed provisions being provided in Chapter IV in relation to employed earners, Chapter V in relation to self employed earners and Chapter VI in relation to other income. Schedule 2 details certain sums that are to be disregarded when determining income. Finally, Chapter VII details what constitute allowable deductions against income.

Part III of the Regulations sets out the method of calculation of the applicant's contribution in relation to applications for grant from owners who are not in occupation of the house to which the application relates or where the application is for repairs grant as a result of a repairs notice over premises other than a house where those premises are part of a building which contains housing.

Part IV of the Regulations states that where an application for grant falls into neither Part II nor Part III of the Regulations, the applicant's contribution shall be the whole of the amount approved by the local authority, being the expense of the carrying out of the works.

Part V of the Regulations provides that the Regulations shall not apply in respect of applications approved by a local authority before the 1st October 2003 (the date on which these Regulations come into force).


Notes:

[1] 1987 c.26. Section 240A was inserted by the Housing (Scotland) Act 2001 (asp 10), section 99.back

[2] 1992 c.4 as amended by the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6.back

[3] See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c.16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c.6).back

[4] S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675.back

[5] 1988 c.1.back

[6] 1993 c.10.back

[7] 1992 c.37.back

[8] 2002 c.21.back

[9] See section 1 of, and paragraphs 1 and 2(h) of Schedule 1 to, the Tax Credits Act 1999 (c.10).back

[10] 2002 c.16.back

[11] 1995 c.18.back

[12] 1992 c.37.back

[13] 1994 c.39.back

[14] 1988 c.1; the definition of "lower rate" was inserted by the Finance Act 1992 (c.20), section 9.back

[15] 1996 c.18.back

[16] S.I. 1983/883; article 26A was inserted by S.I. 1983/1116.back

[17] S.I. 1983/686; article 25A was inserted by S.I. 1983/1164.back

[18] 1993 c.48.back

[19] 1988 c. 1.back

[20] Section 68 was amended by section 9 of, paragraph 18 of Schedule 1 to and Schedule 2 to, the Social Security (Incapacity for Work) Act 1994 (c.18).back

[21] 1996 c.18.back

[22] 1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25, and repealed in part by the Employment Act 1989 (c.38), section 29 and Schedule 7. Section 2(3A) was inserted in relation to Scotland only by the Trade Union Reform and Employment Rights Act 1993 (c.19), section 47.back

[23] 1990 c.35; section 2 was amended by the Trade Union Reform and Employment Rights Act 1993 (c.19), section 51 and Schedule 10.back

[24] S.I. 1975/529.back

[25] 1988 c.1.back

[26] S.I. 1999/1001.back

[27] 2001 asp 10.back

[28] S.I. 1990/2179.back

[29] 1944 c.10.back

[30] 1973 c.50.back

[31] S.I. 1983/883.back

[32] S.I. 1983/686.back

[33] S.I. 1964/2007.back

[34] S.I. 1964/2058.back



ISBN 0 11 062486 6


 
© Crown copyright 2003
Prepared 7 October 2003


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