The Home Energy Efficiency Scheme Amendment (Scotland) Regulations 2003

Scottish Statutory Instruments

2003 No. 284

ENERGY CONSERVATION

The Home Energy Efficiency Scheme Amendment (Scotland) Regulations 2003

Made

5th June 2003

Laid before the Scottish Parliament

6th June 2003

Coming into force

1st August 2003

The Scottish Ministers, in exercise of the powers conferred by section 15 of the Social Security Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Home Energy Efficiency Scheme Amendment (Scotland) Regulations 2003 and shall come into force on 1st August 2003.

(2) These Regulations extend to Scotland only.

Amendment of Principal Regulations–

2.—(1) The Home Energy Efficiency Scheme Regulations 1997(2) shall be amended as follows.

(2) In Regulation 4 (persons who may apply for grant)–

(a) in paragraph (1), after sub paragraph (b) add the following sub-paragraphs:–

“(c) is, or lives with a spouse who is, in receipt of a benefit to which paragraph (2) applies and who is, or lives with a spouse who is, a pregnant woman in respect of whom a maternity certificate (as provided for in regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976(3) and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987(4)) has been given in relation to that pregnancy; or

(d) is, or lives with a spouse who is, in receipt of child tax credit or working tax credit (as provided for in Parts 1 and 3 of the Tax Credits Act 2002(5)) and has a relevant income of less than £14,200 and for these purposes “relevant income” has the same meaning as in Part 1 of that Act;”;

(b) in paragraph (2)(b) for the words “a disability working allowance” substitute “disabled persons' tax credit”.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

5th June 2003

Explanatory Note

(This note is not part of the Regulations)

The Home Energy Efficiency Scheme Regulations 1997 (S.I. 1997/790, as amended) provide for the making of grants for the improvement of energy efficiency in dwellings occupied by persons on low income or elderly persons. These Regulations amend those 1997 Regulations as regards Scotland only.

Regulation 2 alters the list of persons eligible to apply for a grant to include (i) any person who is in receipt of child tax credit or working tax credit (provided for by the Tax Credits Act 2002, c. 21) and has a relevant income of less than £14,200 and (ii) women who are pregnant at the time that the application for grant is made and are in receipt of a maternity certificate in relation to that pregnancy, and their spouses where one of the spouses is in receipt of certain benefits.

(1)

1990 c. 27; section 15 was amended by the Housing Grants Construction and Regeneration Act 1996 (c. 53), section 142. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

S.I. 1997/790, as amended by S.I. 1999/1018 and S.S.I. 2001/267.

(3)

S.I. 1976/615; relevant amendments were made by S.I. 1987/409 and 2001/2931.

(4)

S.I. 1987/235; relevant amendments were made by S.I. 1991/2284, 2001/2931 and 2002/881.

(5)

2002 c. 21.