SCHEDULE 1AFFORDABLE WARMTH GROUP ELIGIBILITY

Article 2

1

The benefits referred to in the definition of affordable warmth group in article 2 are—

a

child tax credit M1 and has a relevant income of £16,010 or less (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002 M2);

b

income-related employment and support allowance M3 and—

i

receiving a work-related activity or support component; or

ii

is responsible for a qualifying child; or

iii

is in receipt of a qualifying component;

c

income-based job seeker's allowance M4 and—

i

is responsible for a qualifying child; or

ii

is in receipt of a qualifying component;

d

income support M5 and—

i

is responsible for a qualifying child; or

ii

is in receipt of a qualifying component;

e

state pension credit M6;

f

working tax credit and has a relevant income of £16,010 or less and—

i

is responsible for a qualifying child; or

ii

is in receipt of a disability or severe disability element; or

iii

is aged 60 years or over; or

g

universal credit M7 and the condition as to earned income in paragraph 4 is met and—

i

is responsible for a child or qualifying young person as determined under regulation 4 of the Universal Credit Regulations 2013 M8; or

ii

has limited capability for work, or limited capability for work and work-related activity, as determined under Part 5 of the Universal Credit Regulations 2013; or

iii

is in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 M9; or

iv

is in receipt of a personal independence payment under Part 4 of the Welfare Reform Act 2012 M10.

2

In paragraph 1 “qualifying child” means, in relation to a person in receipt of an allowance in paragraph 1(b) or (c), 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—

i

16 or over but under the age of 20; and

ii

in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996 M11) or approved training (as defined in regulation 2 of the Child Tax Credit Regulations 2002 M12).

3

In paragraph 1—

a

“qualifying component” means—

i

child tax credit which includes a disability or severe disability element;

ii

a disabled child premium;

iii

a disability premium, enhanced disability premium or severe disability premium; or

iv

a pensioner premium, higher pensioner premium or enhanced pensioner premium;

b

whether a person is responsible for a qualifying child is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 2002 M13.

4

1

Where the award of universal credit is—

a

to a single claimant, the condition as to earned income is that, in any of the twelve preceding assessment periods, the claimant has received earned income which does not exceed £1,250; or

b

to joint claimants, the condition as to earned income is that, in any of the twelve preceding assessment periods, the combined earned income received by the claimants does not exceed £1,250.

2

In this paragraph—

a

“assessment period”;

b

“earned income”;

c

“joint claimants”; and

d

“single claimant”,

are to be interpreted in accordance with the Welfare Reform Act 2012 and any subordinate legislation made under that Act.

SCHEDULE 2IN-USE FACTORS

Article 2

Annotations:
Amendments (Textual)

Measure

In-use factor

Connection to a district heating system

10%

Draught proofing

15%

Flat roof insulation

15%

High performance external doors and passageway walkthrough doors

15%

F1Insulation of a cavity wall (other than phase 3 party cavity wall insulation)

35%

Phase 3 party cavity wall insulation

15%

Insulation of a mobile home

25%

Insulation of a solid brick wall built before—

33%

(a)

1967, if situated in England or Wales;

(b)

1965, if situated in Scotland

Insulation of—

25%

(a)

a solid wall which is not built of brick;

(b)

a solid brick wall built in—

(i)

1967 or later, if situated in England or Wales;

(ii)

1965 or later, if situated in Scotland

Loft or rafter insulation (including loft hatch insulation)

35%

Pipework insulation

15%

Room-in-roof insulation

25%

Secondary or replacement glazing

15%

Under-floor insulation

15%

SCHEDULE 3Qualifying warranties for replacement boilers

Article 2

1

The requirements for a qualifying warranty are as follows.

2

Subject to paragraphs 3 and 4, the warranty must provide for the rectification, without any charge to a consumer, of all problems which affect the functioning of the boiler or the heating system it serves and which—

a

relate to its installation or design; and

b

are notified to the person providing the warranty within 1 year of the replacement boiler being installed.

3

The warranty is not required to provide for the rectification of a problem which—

a

is covered by a warranty provided by the manufacturer of the replacement boiler; or

b

arises after the replacement boiler is installed where that problem arises from one or more of—

i

negligence;

ii

accident;

iii

misuse of the replacement boiler;

iv

repair of the replacement boiler,

by a person other than a person described in paragraph 4.

4

The following persons are referred to in paragraph 3(b)—

a

the person who installed the replacement boiler;

b

the person providing the warranty;

c

a person acting on behalf of a person in sub-paragraph (a) or (b).

5

The warranty must be accompanied by a declaration from the occupier of the premises that, in that person's knowledge, no consumer has been charged for the warranty.

6

In paragraph (2)(a), “design”, in relation to a boiler, means the suitability of the boiler for the heating system it is intended to serve.

SCHEDULE 4DOMESTIC PREMISES WHICH ARE NOT PRIVATE DOMESTIC PREMISES

F2PART 1Installations completed on or before 31st March 2017

Article 16

Annotations:
Amendments (Textual)

1

1

F5In relation to an installation completed on or before 31st March 2017, Domestic premises in England or Wales are not “private domestic premises” if—

a

the relevant interest in those premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or

b

if no relevant interest in the premises has been registered—

i

the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to Part V of the Housing Act 1985 M14; and

ii

the condition in sub-paragraph (3) is met.

2

F6In relation to an installation completed on or before 31st March 2017, Domestic premises in Scotland are not “private domestic premises” if—

a

the relevant interest in the premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or

b

if no relevant interest in the premises has been registered—

i

the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987 M15, as modified by section 84A of that Act M16; and

ii

the condition in sub-paragraph (3) is met.

3

The condition in this sub-paragraph is that the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, at below the market rate.

4

In this paragraph—

a

in respect of premises in England or Wales, a relevant interest is registered if it is registered in the register of title maintained by Her Majesty's Land Registry;

b

in respect of premises in Scotland, a relevant interest is registered if it is—

i

registered in the Land Register of Scotland; or

ii

recorded in the Register of Sasines.

5

In this paragraph—

  • “owner” includes any person who under the Land Clauses Acts M17 would be enabled to sell and convey land to promoters of an undertaking;

  • “relevant interest” means—

    1. a

      in respect of premises in England or Wales—

      1. i

        the freehold estate, unless the whole of the premises have been let under a registered lease; or

      2. ii

        the leasehold estate, unless the whole of the premises have been further let under a registered lease;

    2. b

      in respect of premises in Scotland—

      1. i

        the owner's interest or right, unless the whole of the premises have been further let under a registered lease; or

      2. ii

        the lessee's interest under a lease, unless the whole of the premises have been further let under a registered lease;

  • “social landlord” means—

    1. a

      in respect of premises in England—

      1. i

        a local housing authority, within the meaning of section 1 of the Housing Act 1985 M18;

      2. ii

        a housing association, within the meaning of section 5 of the Housing Act 1985 M19;

      3. iii

        a housing trust, within the meaning of section 6 of the Housing Act 1985; or

      4. iv

        a charity, within the meaning of section 1 of the Charities Act 2011 M20;

    2. b

      in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 2010 M21; and

    3. c

      in respect of premises in Wales—

      1. i

        a local housing authority, within the meaning of section 1 of the Housing Act 1985;

      2. ii

        a housing association, within the meaning of section 5 of the Housing Act 1985;

      3. iii

        a housing trust, within the meaning of section 6 of the Housing Act 1985;

      4. iv

        a charity, within the meaning of section 1 of the Charities Act 2011;

      5. v

        a person listed in section 80(1) of the Housing Act 1985; or

      6. vi

        a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 M22.

F3PART 2Installations completed on or after 1st April 2017

Annotations:
Amendments (Textual)

2

1

In relation to an installation completed on or after 1st April 2017, domestic premises in England or Wales are not “private domestic premises” if the premises are let below the market rate and—

a

the relevant interest in those premises is registered as belonging to a social landlord; or

b

if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 1985.

2

In relation to an installation completed on or after 1st April 2017, domestic premises in Scotland are not “private domestic premises” if the premises are let below the market rate and—

a

the relevant interest in the premises is registered as belonging to a social landlord; or

b

if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987, as modified by section 84A of that Act.

3

Sub-paragraphs (4) and (5) of paragraph 1 apply for the purposes of this paragraph as they apply for the purposes of paragraph 1.

F4SCHEDULE 4ADOMESTIC PREMISES WHICH ARE E, F OR G SOCIAL HOUSING

Article 16A(7)

Annotations:
Amendments (Textual)

1

1

A measure is installed at domestic premises which are “E, F or G social housing” if—

a

the premises are domestic premises described in Part 2 of Schedule 4; and

b

the condition in sub-paragraph (2) or (3) is met.

2

The condition in this sub-paragraph is that a post-installation EPC expresses the energy performance rating of the premises as band E, F or G.

3

The condition in this sub-paragraph is that—

a

a pre-installation EPC expresses the energy performance rating of the premises as band E, F or G; and

b

the social landlord in respect of the premises has confirmed in writing that, to the best of its knowledge and belief, no changes were made to the premises, after the pre-installation EPC was issued and before the measure was installed, which would increase the energy performance rating of the premises to band A, B, C or D.

4

In this Schedule—

  • “energy performance certificate”—

    1. a

      in relation to premises in England and Wales, has the meaning given in the Energy Performance of Buildings (England and Wales) Regulations 2012;

    2. b

      in relation to premises in Scotland, has the meaning given in the Energy Performance of Buildings (Scotland) Regulations 2008;

  • “energy performance rating”—

    1. a

      in relation to premises in England and Wales, has the meaning given in regulation 11 of the Energy Performance of Buildings (England and Wales) Regulations 2012;

    2. b

      in relation to premises in Scotland, has the same meaning as “energy performance indicator” in the Energy Performance of Buildings (Scotland) Regulations 2008;

  • “post-installation EPC” in relation to premises where a measure is installed, means an energy performance certificate for the premises that was issued after the measure was installed;

  • “pre-installation EPC” in relation to premises where a measure is installed, means an energy performance certificate for the premises that is the most recent of any energy performance certificate for the premises issued before the measure was installed; and

  • “social landlord” has the same meaning as in paragraph 1(5) of Schedule 4.

SCHEDULE 4BHELP TO HEAT GROUP ELIGIBILITY

Article 16A(7)

1

The benefits referred to in the definition of “help to heat group” in article 16A are—

a

income-related employment and support allowance;

b

income-based jobseeker’s allowance;

c

income support;

d

guarantee credit (and for this purpose, “guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002);

e

tax credit;

f

universal credit.

2

The condition as to income in paragraph 4 is specified in relation to tax credit.

3

The condition as to income in paragraph 7 is specified in relation to universal credit.

4

Where the award of tax credit is made pursuant to—

a

a single claim, the condition as to income is that the relevant income of the claimant does not exceed the amount set out in the first row of Table 1 in the column corresponding to the number of children or qualifying young persons for whom the claimant is responsible;

b

a joint claim, the condition as to income is that the relevant income of the joint claimants does not exceed the amount set out in the second row of Table 1 in the column corresponding to the number of children or qualifying young persons for whom at least one of the joint claimants is responsible.

Table 1Tax credit

Type of claim

Number of children or qualifying young persons for whom the claimant is responsible:

0

1

2

3

4 or more

Single claim

£13,200

£17,400

£21,600

£25,800

£30,000

Joint claim

£19,800

£24,000

£28,200

£32,400

£36,600

5

For the purposes of paragraph 4, whether a person is responsible for a child or qualifying young person is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 2002.

6

In paragraph 4, the following have the same meaning as in Part 1 of the Tax Credits Act 2002—

a

“joint claim”;

b

“relevant income”; and

c

“single claim”,

and “claimant” is to be construed accordingly.

7

Where the award of universal credit is to—

a

a single claimant, the condition as to income is that, in any of the twelve preceding assessment periods, the earned income of the single claimant does not exceed the amount set out in the first row of Table 2 in the column corresponding to the number of children or qualifying young persons for whom the single claimant is responsible;

b

joint claimants, the condition as to income is that, in any of the twelve preceding assessment periods, the combined earned income of the joint claimants does not exceed the amount set out in the second row of Table 2 in the column corresponding to the number of children or qualifying young persons for whom at least one of the joint claimants is responsible.

Table 2Universal credit

Type of claimant

Number of children or qualifying young persons for which the claimant is responsible:

0

1

2

3

4 or more

Single claimant

£1,100

£1,450

£1,800

£2,150

£2,500

Joint claimant

£1,650

£2,000

£2,350

£2,700

£3,050

8

For the purposes of paragraph 7, whether a person is responsible for a child or qualifying young person is to be determined in accordance with regulation 4 of the Universal Credit Regulations 2013.

9

In paragraph 7—

  • “assessment period” has the meaning given in regulation 21 of the Universal Credit Regulations 2013;

  • “earned income” means a person’s earned income calculated in accordance with Chapter 2 of Part 6 of the Universal Credit Regulations 2013; and

  • “joint claimants” and “single claimant” have the meanings given in section 40 of the Welfare Reform Act 2012.

10

In this Schedule, “tax credit” means child tax credit or working tax credit.

SCHEDULE 5CONVERSION FACTORS FOR SURPLUS ACTIONS THAT ARE TO BE CREDITED AGAINST A SUPPLIER'S TOTAL HOME HEATING COST REDUCTION OBLIGATION

Article 29

1

The following table has effect for the purpose of determining the relevant conversion factor for a measure under article 29(3)(a)—

Measure

Conversion factor

A measure to improve the insulating properties of non-gas fuelled premises

1.35

Repair of a qualifying boiler at non-gas fuelled premises

1.45

Replacement of a boiler—

0.95

(a)

which was not a qualifying boiler; and

(b)

by a boiler which was not accompanied at the time installation was completed by a qualifying warranty

Replacement of a qualifying boiler by another boiler—

0.75

(a)

where both the boiler being replaced and the replacement boiler were fuelled by mains gas; and

(b)

the replacement boiler was not accompanied at the time installation was completed by a qualifying warranty

Replacement of a qualifying boiler by another boiler—

0.8

(a)

where both the boiler being replaced and the replacement boiler were fuelled by mains gas; and

(b)

the replacement boiler was accompanied at the time installation was completed by a qualifying warranty

Replacement of a qualifying boiler—

1.4

(a)

at non-gas fuelled premises; and

(b)

by a boiler which was not accompanied at the time installation was completed by a qualifying warranty

Replacement of a qualifying boiler—

1.45

(a)

at non-gas fuelled premises; and

(b)

by—

(i)

a boiler which was accompanied at the time installation was completed by a qualifying warranty; or

(ii)

a measure other than a boiler or an electric storage heater

2

In this Schedule—

a

a measure is installed at non-gas fuelled premises where it is installed at premises which—

i

were non-gas fuelled prior to installation of the measure; and

ii

remained non-gas fuelled when installation of the measure was complete; and

b

premises are non-gas fuelled where the main space heating system for the premises is not—

i

fuelled by mains gas; or

ii

a district heating system.