The Electricity and Gas (Energy Company Obligation) Order 2014

Article 2

SCHEDULE 1 E+W+S AFFORDABLE WARMTH GROUP ELIGIBILITY

1.  The benefits referred to in the definition of affordable warmth group in article 2 are— E+W+S

(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 .

Marginal Citations

M1 Child tax credit and working tax credit are provided for in Part I of the Tax Credits Act 2002 (c.21).

M2 2002 c.21. Part I is repealed by section 417 of and Schedule 14 to the Welfare Reform Act 2012 (c.5) but this repeal has not yet come into force.

M3 See Part 1 of the Welfare Reform Act 2007 (c.5). Sections 9 and 5 of and Schedule 7 to the Welfare Reform Act 2009 (c.24) made relevant amendments to Part 1. Section 147 of the Welfare Reform Act 2012 also makes relevant amendments to this Part, but these amendments are in force for certain purposes only.

M4 See section 1(1) and (4) of the Jobseekers Act 1995 (c.18). Section 1(4) was amended by sections 4, 59 and 88 of and Schedules 7 and 13 to the Welfare Reform and Pensions Act 1999 (c.30), and section 245 of and Schedule 24 to the Civil Partnership Act 2004 (c.33). Section 1(4) is also repealed by section 147 of and Schedule 14 to the Welfare Reform Act 2014, but this repeal is in force for certain purposes only.

M5 See section 124 of the Social Security Contributions and Benefits Act 1992 (c.4). Section 124 is repealed by the Welfare Reform Act 2012, but this repeal has not yet come into force.

M6 See section 1(1) of the State Pension Credit Act 2002 (c.16).

M7 Universal credit is provided for in Part 1 of the Welfare Reform Act 2012.

M8 S.I. 2013/376. Regulation 4 was amended by S.I. 2013/1508, regulation 3.

M9 1992 c.4. Section 71 was amended by section 67 of the Welfare Reform and Pensions Act 1999. Section 71 is repealed by section 90 of the Welfare Reform Act 2012 (c.5), but this repeal has not yet come into force.

M10 2012 c.5.

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— E+W+S

(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 ).

Marginal Citations

M11 1996 c.56.

M12 S.I. 2002/2007. The definition of “approved training” was inserted by S.I. 2006/222.

3.  In paragraph 1— E+W+S

(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 .

Marginal Citations

M13 Regulation 3 was amended by S.I. 2004/762, regulation 2, S.I. 2005/2919, article 4, S.I. 2007/2151, regulations 2 and 3, S.I. 2008/2169, regulations 6 and 8, S.I. 2009/697, regulations 9 and 16, S.I. 2011/1740, article 2 and Schedule 1, S.I. 2012/848, regulation 4, S.I. 2013/1465, article 17 and Schedule 1.

4.—(1) Where the award of universal credit is— E+W+S

(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.

Article 2

SCHEDULE 2 E+W+S IN-USE FACTORS

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%
[F1 Insulation 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%

Textual Amendments

F1 Words in Sch. 2 substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 26

Article 2

SCHEDULE 3 E+W+S Qualifying warranties for replacement boilers

1.  The requirements for a qualifying warranty are as follows. E+W+S

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— E+W+S

(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— E+W+S

(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)— E+W+S

(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. E+W+S

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. E+W+S

SCHEDULE 4 E+W+S DOMESTIC PREMISES WHICH ARE NOT PRIVATE DOMESTIC PREMISES

Article 16

[F2 PART 1 E+W+S Installations completed on or before 31st March 2017]

Textual Amendments

F2 Sch. 4 Pt. 1 heading inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 27(1)

1.—(1)  [F3 In 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) [F4 In 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—

(a)

in respect of premises in England or Wales—

(i)

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

(ii)

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

(b)

in respect of premises in Scotland—

(i)

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

(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—

(a)

in respect of premises in England—

(i)

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

(ii)

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

(iii)

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

(iv)

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

(b)

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

(c)

in respect of premises in Wales—

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

Textual Amendments

F3 Words in Sch. 4 para. 1(1) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 27(2)

F4 Words in Sch. 4 para. 1(2) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 27(3)

Marginal Citations

M14 1985 c.68. Part V was amended by section 235 of and Schedule 10 to the Insolvency Act1985 (c. 65), section 437 of and Schedule 11 to the Insolvency Act 1986 (c. 45), sections 2, 4, 8, 24 of and Schedule 5 to the Housing and Planning Act 1986 (c.63), sections 1 and 2 of and the Schedule to the Land Registration Act 1988 (c.3), sections 83, 122, 124, 126, 127, 140 of and Schedule 17 to the Housing Act 1988 (c.50), sections 104, 105, 108 to 120, 187(2) of and Schedules 21 and 22 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 66 of and Schedule 8 to the Family Law Act 1996 (c.27), section 222 of and Schedule 18 to the Housing Act 1996 (c.52), sections 140 and 152 of and Schedules 16 and 18 to the Government of Wales Act 1998 (c. 38), the Statute Law (Repeals) Act 1998 (c.43), section 14 of and Schedule 1 to the Anti-Social Behaviour Act 2003 (c.38), sections 81 and 261 of and Schedules 8 and 30 to the Civil Partnership Act 2004, sections 180 to 190, 192, 193 and 270 of the Housing Act 2004 (c.34), section 93 of and Schedule 15 to the Countryside and Rights of Way Act 2000 (c.37), sections 133 and 135 of and Schedules 11 and 13 to the Land Registration Act 2002 (c.9), sections 52 and 53 of the Police and Justice Act 2006 (c.48), sections 304, 306, 191, 307, 321 and 325 of and Schedule 16 to the Housing and Regeneration Act 2008 (c.17), section 31 of the Housing (Wales) Measure 2011 (nawm 5), section 195 of and Schedule 19 to the Localism Act 2011 (c. 20), S.I. 1993/651, article 2 and Schedule 1, S.I. 1996/2325, article 5 and Schedule 2, S.I. 1997/74, article 2 and Schedule, S.I. 1997/627, article 2 and Schedule, S.I. 2001/3649, article 299, S.I. 2005/3237, article 2, S.I. 2007/709, article 4, S.I. 2009/1941, article 2 and Schedule, S.I. 2010/844, article 6 and Schedule 2, S.I. 2010/866, articles 4 and 5 and Schedules 1 and 2.

M15 1987 c.26. Sections 61 to 84 were amended by sections 1, 3, 65 and 72 of and Schedules 2, 8, 9 and 10 to the Housing (Scotland) Act (c.43), sections 168, 176, 194 of and Schedules 11 and 12 to the Local Government and Housing Act 1989 (c.42), sections 144, 145, 157, 187 of and Schedule 22 to the Leasehold Reform, Housing and Urban Development Act 1993, section 180 of and Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39), sections 4 and 6 of and Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), section 152 of and Schedule 18 to the Government of Wales Act 1998, sections 42 to 49, 51, 108 and 112 of and Schedule 10 to the Housing (Scotland) Act 2001 (asp 10), section 71 of and Schedule 7to the Water Industry (Scotland) Act 2002 (asp 3), S.I. 2010/2040, articles 1 and 2 and Schedule.

M16 Section 84A was inserted by the Local Government and Housing Act 1989.

M17 Defined in Schedule 1 to the Interpretation Act 1978 (c.30).

M18 Section 1 was amended by section 22 of and Schedule 8 to the Local Government (Wales) Act 1994 (c.19).

M19 Section 5 was amended by S.I. 1996/2325, article 5 and Schedule 2, and S.I. 2010/866, article 5 and Schedule 2. It is also amended by virtue of section 2 of the Co-operative and Community Societies and Credit Unions Act 2010 (c.7).

M20 2011 c.25.

M21 2010 asp 17.

M22 1996 c.52. Chapter 1 of Part 1 was amended by sections 140 and 152 of, and Schedules 16 and 18 to the Government of Wales Act 1998, section 75 of and Schedule 8 to the Charities Act 2006 (c.50), sections 61 and 321 of, and Schedule 16 to the Housing and Regeneration Act 2008, sections 2 and 8 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010, S.I. 2001/3649 and S.I. 2009/1941.

[F5 PART 2 E+W+S Installations completed on or after 1st April 2017

Textual Amendments

F5 Sch. 4 Pt. 2 inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 27(4)

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— E+W+S

(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.]

Article 16A(7)

[F6 SCHEDULE 4A E+W+S DOMESTIC PREMISES WHICH ARE E, F OR G SOCIAL HOUSING

Textual Amendments

F6 Sch. 4A, Sch. 4B inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 28

1.— (1) A measure is installed at domestic premises which are “E, F or G social housing” if— E+W+S

(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”—

(a)

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

(b)

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

“energy performance rating”—

(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;

(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.

Article 16A(7)

SCHEDULE 4B E+W+S HELP TO HEAT GROUP ELIGIBILITY

1.   The benefits referred to in the definition of “help to heat group” in article 16A are— E+W+S

(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. E+W+S

3.   The condition as to income in paragraph 7 is specified in relation to universal credit. E+W+S

4.   Where the award of tax credit is made pursuant to— E+W+S

(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 1

Tax 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. E+W+S

6.   In paragraph 4, the following have the same meaning as in Part 1 of the Tax Credits Act 2002— E+W+S

(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— E+W+S

(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 2

Universal 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. E+W+S

9.   In paragraph 7— E+W+S

“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.] E+W+S

Article 29

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

1.  The following table has effect for the purpose of determining the relevant conversion factor for a measure under article 29(3)(a)— E+W+S

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— E+W+S

(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.