The Home Energy Efficiency Scheme (England) Regulations 2005

Persons who may apply for a grant E+W

4.— [F1 (1) A works application for grant in respect of a dwelling may be entertained by the administering agency where the conditions in paragraphs (2) and (3) are met.

(2) The condition in this paragraph is that [F2 , except where the dwelling is a mobile home,] the dwelling in respect of which the works application is made has a SAP rating of [F3 63] or less.

(d) an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.

(3) The condition in this paragraph is that the works application is from a person (“P”) where—

(a) P is the householder of the dwelling in respect of which the works application is made;

(b) P occupies that dwelling as P’s only or main residence;

(c) no works application has previously been made by P, and approved by the administering agency, in relation to another dwelling in the twelve month period immediately preceding the date on which the works application is made; and

(d) on the date on which the works application is made paragraph (3A) applies.

[F4 (3A) This paragraph applies where P is, or is living with a partner who is, in receipt of—

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

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

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

(ii) is in receipt of a qualifying component;

(d) income support and—

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

(ii) is in receipt of a qualifying component;

(e) state pension credit;

(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.]]

(4) For the purposes of this regulation—

“householder” means a person who, alone or jointly with others, is a freeholder or a leaseholder with term of 21 years or more unexpired at the time of making the application for grant or a tenant, and

[F5 “parental responsibility” has the same meaning as in section 3 of the Children Act 1989;

“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);]

[F6 “qualifying component” means—

(a)

an award of child tax credit which includes a disability or severe disability element for a child or young person;

(b)

a disabled child premium;

(c)

a disability premium, an enhanced disability premium, a severe disability premium, a pensioner premium, a higher pensioner premium or an enhanced pensioner premium;]

[F7 “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002;]

[F6 “SAP rating” means the energy efficiency rating of a building determined in accordance with the Reduced Data Standard Assessment Procedure contained in the Government’s Standard Assessment Procedure for Energy Rating of Dwellings published by or on behalf of the Department for Energy and Climate Change and in force on 13^th April 2011; and]

“tenant” includes a sub-tenant and a person who has—

(a)

M1 a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976 ;

(b)

M2 a statutory tenancy under the Rent Act 1977 ;

(c)

M3 M4 a secure tenancy under Part IV of the Housing Act 1985 or an introductory tenancy under Chapter I of Part V of the Housing Act 1996 ;

(d)

M5 a licence to occupy which meets the conditions in paragraph 12(a) and (b) Schedule 1 to the Housing Act 1985 (almshouse licences); or

(e)

M6 an assured agricultural occupancy under Part I of the Housing Act 1988 .

[F8 (5) For the purposes of this regulation, “partner” means the spouse, civil partner or person with whom [F9 P] lives as husband or wife or as civil partner.]

Textual Amendments

F1 Reg. 4(1)-(3A) substituted for reg. 4(1)-(3) (13.4.2011) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833), regs. 1(1), 3(3)(a) (with reg. 4)

F2 Words in reg. 4(2) inserted (12.9.2012) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 (S.I. 2012/2140), regs. 1(1), 3(4)(a)(i) (with reg. 4)

F3 Word in reg. 4(2) substituted (12.9.2012) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 (S.I. 2012/2140), regs. 1(1), 3(4)(a)(ii) (with reg. 4)

F4 Reg. 4(3A) substituted (12.9.2012) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 (S.I. 2012/2140), regs. 1(1), 3(4)(b) (with reg. 4)

F5 Words in reg. 4(4) inserted (12.9.2012) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 (S.I. 2012/2140), regs. 1(1), 3(4)(c)(i) (with reg. 4)

F6 Words in reg. 4(4) inserted (13.4.2011) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833), regs. 1(1), 3(3)(b) (with reg. 4)

F7 Words in reg. 4(4) inserted (12.9.2012) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 (S.I. 2012/2140), regs. 1(1), 3(4)(c)(ii) (with reg. 4)

F8 Reg. 4(5) substituted (10.8.2006) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2006 (S.I. 2006/1953), regs. 1, 2(5)

F9 Word in reg. 4(5) substituted (13.4.2011) by The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833), regs. 1(1), 3(3)(c) (with reg. 4)

Marginal Citations

M1 1976 c. 80; sections 2 and 3 make provision for protected occupancy, and sections 4 and 5 for statutory tenancy. Section 3 has been amended by section 76(3) of the Housing Act 1980 (c. 51) and section 81 of and Schedule 8 to the Civil Partnership Act 2004 (c. 33), section 4 by those provisions and section 155 and paragraph 72 of Schedule 23 to the Rent Act 1977 (c. 42) and sections 39 and 140 of and Schedule 4 (Part II) and Schedule 18 to the Housing Act 1988 c. 50, and section 5 was last amended by sections 128 and 137 of and Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16). There are other amendments to the 1976 Act not relevant to these Regulations.

M2 1977 c. 42, as last amended by paragraph 94 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

M3 1985 c. 68, as last amended by paragraph 4 of the Schedule to S.I. 2005/1379.

M4 1996 c. 52, as last amended by paragraphs 256 to 258 of Part 1 of Schedule 4 to the Constitutional Reform Act.

M5 Paragraph 12 of Schedule 1 to 1985 c. 68 was amended by section 78(1) of and paragraph 12 of Schedule 6 to the Charities Act 1992 (c. 41).

M6 1988 c. 50, as last amended by paragraph 6 of the Schedule to S.I. 2005/1379.