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Article 2

SCHEDULE 1AFFORDABLE WARMTH GROUP ELIGIBILITY

1.  The benefits referred to in the definition of affordable warmth group in article 2 are—

(a)child tax credit(1) and has a relevant income of £15,860 or less (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002(2));

(b)income-related employment and support allowance(3) and—

(i)receiving a work-related activity or support component; or

(ii)has parental responsibility for a qualifying child; or

(iii)is in receipt of a qualifying component;

(c)income-based job seeker’s allowance(4) and—

(i)has parental responsibility for a qualifying child; or

(ii)is in receipt of a qualifying component;

(d)income support(5) and—

(i)has parental responsibility for a qualifying child; or

(ii)is in receipt of a qualifying component;

(e)state pension credit(6); or

(f)working tax credit and has a relevant income of £15,860 or less and—

(i)has parental responsibility for a qualifying child; or

(ii)is in receipt of a disabled worker element or severe disability element; or

(iii)is aged 60 years or over.

2.  In paragraph 1—

(a)“qualifying child” means, in relation to a person in receipt of an allowance, income support or working tax credit, a child who ordinarily resides with that person and who—

(i)is under the age of 16; or

(ii)is 16 or over but under the age of 20 and in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996(7));

(b)“qualifying component” means—

(i)child tax credit which includes a disability or severe disability element;

(ii)a disabled child premium;

(iii)a disability premium, enhanced disability premium or severe disability premium; or

(iv)a pensioner premium, higher pensioner premium or enhanced pensioner premium;

(c)“parental responsibility” has the same meaning as in section 3 of the Children Act 1989(8).

(1)

Child tax credit and working tax credit are provided for in Part I of the Tax Credits Act 2002 (c.21).

(3)

See Part 1 of the Welfare Reform Act 2007 (c.5).

(4)

See section 1(1) and (4) of the Jobseekers Act 1995 (c 18).

(5)

See section 124 of the Social Security Contributions and Benefits Act 1992 (c 4).

(6)

See section 1(1) of the State Pension Credit Act 2002 (c.16).