The Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2009

Persons to whom a grant may be made N.I.

5.—(1) Subject to paragraph (5), an application for a Warm Homes grant for works in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies it as their only or main residence and who, at the time the application is made is, or is part of a couple where the other member of the couple is, in receipt of a benefit [F1 , payment] or tax credit to which paragraph (3) or paragraph (4) applies.

(2) Subject to paragraph (5), a Warm Homes Plus grant may be approved for such works set out at regulation 4(2) from a person who is the householder of the dwelling and occupies it as their only or main residence and who, at the time an application for a Warm Homes grant is made is, or is part of a couple where the other member of the couple is, in receipt of a benefit or tax credit to which paragraph (3) applies.

[F2 (2A) An Affordable Warmth grant may be made under regulation 4(2A) in respect of a person who is the householder of a dwelling and occupies it as their only or main residence and the dwelling was included in an affordable warmth survey.

(2B) The householder is not eligible for an Affordable Warmth grant where the annual household income is [F3 £23,000 ]or greater.]

(3) This paragraph applies to—

(a) income support (within the meaning of section 123 of the 1992 Act);

(b) income-based job-seeker’s allowance (within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995);(1)

(c) income-related employment and support allowance (within the meaning of section 1 of the Welfare Reform Act (Northern Ireland)2007;(2)

(d) state pension credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002)(3)

(e) housing benefit (within the meaning of section 129 of the 1992 Act);

(f) working tax credit (within the meaning of the Tax Credits Act 2002.

(4) This paragraph applies to—

(a) child tax credit (within the meaning of the Tax Credits Act 2002) where the applicant has a relevant income of less than £15,575 and for that purpose, “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002;

(b) disability living allowance (under section 71 of the 1992 Act);

(c) attendance allowance, that is to say—

(i) an attendance allowance (under section 64 of the 1992 Act);

(ii) an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Schedule 8 to the 1992 Act;

(iii) a payment made under Article 14, 15, 16, 43 or 44 of the Person Injuries (Civilians) Scheme 1983 or any analogous payment;

(iv) any payment based on need for attendance which is paid with a war disablement pension; or

(v) any payment intended to compensate for the non-payment of a payment, allowance or pension.

[F4 (d) armed forces independence payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.]

[F5 (e) personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015.]

(5) This regulation shall not apply in relation to any person who occupies a dwelling under a public sector tenancy.

[F6 (5A) This regulation applies to a householder of a dwelling surveyed as part of the fuel poverty survey as if paragraphs (3) and (4) were omitted.]

(6) For the purposes of this regulation, “householder” means a person who, alone or jointly with others, occupies a dwelling as a freeholder, lessee or tenant other than a public sector tenant.

Textual Amendments

F1 Word in reg. 5(1) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 29(2)(a)

F2 Reg. 5(2A)(2B) inserted (7.10.2016) by The Domestic Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/333), regs. 1(1), 6

F3 Sum in Reg. 5(2B) substituted (1.7.2021) by The Domestic Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/147), regs. 1(1), 3 (with reg. 4(1))

F4 Reg. 5(4)(d) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 29(2)(b)

F5 Reg. 5(4)(e) added (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 37

F6 Reg. 5(5A) inserted (21.3.2014) by The Domestic Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/52), regs. 1(1), 5

Commencement Information

I1 Reg. 5 in operation at 1.7.2009, see reg. 1

(1)

S.I. 1995/2705 (N.I. 15); Article 3(4) was amended by paragraph 3(4) of Schedule 7 and Part V of Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (1999 No. 3147 (N.I. 11) and paragraph 131 of Schedule 24 to the Civil Partnership Act 2004 (c..3)

(2)

2007 c..2 (N.I.)

(3)

2002 c.14 (n.I.)