The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012

Amendment of the principal Regulations

3.—(1) The principal Regulations are amended as follows.

(2) In regulation 2 (interpretation), after the definition of “administering agency” insert—

““mobile home” means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960(1) (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968(2)) which is used as a dwelling for the purposes of Part I of the Local Government Finance Act 1992(3);”.

(3) In regulation 3 (powers of the Secretary of State), after paragraph (4)(4) insert—

“(5) In respect of an amount allocated to an administering agency under paragraph (4), the Secretary of State—

(a) may re-allocate any such amount within a financial year; but

(b) must not re-allocate any amounts which have already been allocated or provisionally allocated for the purpose of making grants in accordance with these Regulations.”.

(4) In regulation 4 (persons who may apply for a grant)—

(a) in paragraph (2)(5)—

(i) after “that” insert “, except where the dwelling is a mobile home,”; and

(ii) for “55” substitute “63”;

(b) for paragraph (3A)(6) substitute—

“(3A) This paragraph applies where P is, or is living with a partner who is, in receipt of—

(a) child tax credit(7) and has a relevant income of £15,860 or less;

(b) income-related employment and support allowance(8) and—

(i) is 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(9) and—

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

(ii) is in receipt of a qualifying component;

(d) income support(10) and—

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

(ii) is in receipt of a qualifying component;

(e) state pension credit(11);

(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.”;

(c) in paragraph (4)—

(i) after the definition of “householder” insert—

““parental responsibility” has the same meaning as in section 3 of the Children Act 1989(12);

“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—

(a)

is under the age of 16; or

(b)

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(13));”;

(ii) after the definition of “qualifying component” insert—

““relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002(14);”.

(5) In regulation 9 (application for, and payment of, grant), in paragraph (4)(15)—

(a) after “allocated” where it first appears, insert “or re-allocated”; and

(b) after “been”, insert “allocated or”.

(1)

1960 c.62.

(2)

1968 c.52.

(3)

1992 c.14.

(4)

Paragraph (4) was inserted by regulation 2(1) and (2) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010 (S.I. 2010/1893).

(5)

Paragraph (2) was inserted by regulation 3(1) and (3)(a) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833).

(6)

Paragraph (3A) was inserted by regulation 3(1) and (3)(a) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833).

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

1989 c.41.

(13)

1996 c.56.

(14)

2002 c.21.

(15)

Paragraph (4) was inserted by regulation 2(1) and (3) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010 (S.I. 2010/1893).