The Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2002

Persons who may apply for a grant

4.—(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 his only or main residence and who, at the time the application is made—

(a) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (3) applies, and who is, or is living with a spouse who is, in receipt of child benefit (under section 137 of the 1992 Act) in relation to a child under the age of sixteen; or

(b) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (4) applies.

(2) Subject to paragraph (5), an application for a Warm Homes Plus 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 his only or main residence and who, at the time the application is made is, or is living with a spouse who is, in receipt of a benefit to which paragraph (3) applies and has attained, or is living with a spouse who has attained, the age of 60.

(3) This paragraph applies to housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker’s allowance (within the meaning of the Jobseekers (Northern Ireland) Order 1995(1)).

(4) This paragraph applies to—

(a) an 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 Personal Injuries (Civilians) Scheme 1983(2) or any analogous payment; or

(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 mentioned in heads (i) to (iv);

(b) a disability living allowance (under section 71 of the 1992 Act), working families tax credit (in respect of a family with a child under the age of 16) and disabled person’s tax credit (each as provided for in Part VII of the 1992 Act)(3);

(c) a war disablement pension within the meaning of section 146(2) of the 1992 Act or under Article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(4) so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917(5), together with—

(i) a mobility supplement under Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(6) (including such a supplement payable by virtue of the application of that Article by any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that Article as applied by Article 48A of that Scheme)(7) or a payment intended to compensate for the non-payment of such a supplement; or

(ii) a payment under Regulations made under paragraph 4(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance);

(d) housing benefit and income support (in each case where payment includes a disability premium as provided for in the Housing Benefit (General) Regulations (Northern Ireland) 1987(8) and the Income Support (General) Regulations (Northern Ireland) 1987(9)) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendance allowance).

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

(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.

(1)

S.I. 1995/2705 (N.I. 15)

(2)

S.I. 1983/686; Article 16 was amended by S.I. 1984/1675

(3)

Part VII of the 1992 Act was amended by the Tax Credits Act 1999 (c. 10)

(4)

S.I. 1983/883; Article 10 was amended by S.I. 1993/598 and S.I. 1996/1638

(5)

7 & 8 Geo. 5 c. 51

(6)

S.I. 1983/883; Article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/286

(7)

S.I. 1983/686; Article 25A was added by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445 and 1997/812; Article 48A was added by S.I. 1984/1289

(8)

S.R. 1987 No. 461

(9)

S.R. 1987 No. 459