Special provision to be included in charges schemes2

1

Subject to regulation 5, any charges scheme must include special provision for providing assistance in accordance with these Regulations in relation to any premises for any consumer if—

a

a qualifying person resides in the premises; and

b

the conditions in paragraph (6) are satisfied.

2

A qualifying person is a person (including the consumer) residing in the premises who is entitled to receive any of the benefits or tax credits listed in paragraph (3) providing—

a

that person is also entitled to receive child benefit under Part 9 of the 1992 Act for three or more children under the age of 19 who reside in the premises; or

b

any person residing in the premises is–

i

diagnosed as suffering from any of the medical conditions listed in paragraph (4) and as a result of that condition obliged to use a significant additional volume of water; or

ii

subject to regulation 4(7), diagnosed as suffering from a medical condition other than one listed in paragraph (4) and as a result of that condition obliged to use a significant additional volume of water.

3

The benefits and tax credits referred to in paragraph (2) are—

a

under Part 7 of the 1992 Act

i

housing benefit4; and

ii

income support5;

b

income-based job-seeker’s allowance under section 1(4) of the Jobseekers Act 19956;

c

state pension credit under the State Pension Credit Act 20027;

d

under Part 1 of the Tax Credits Act 20028

i

child tax credit, if it includes an amount in respect of the individual element of child tax credit9; and

ii

working tax credit10;

e

income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 200711; and

f

universal credit under Part 1 of the Welfare Reform Act 201212.

4

The medical conditions referred to in paragraph (2)(b)(i) are–

a

desquamation;

b

weeping skin disease;

c

incontinence;

d

abdominal stoma;

e

Crohn’s disease;

f

ulcerative colitis; and

g

renal failure requiring dialysis at home.

5

Paragraph (4)(g) does not apply where a contribution to the cost of the water consumed in the process of dialysis during the billing period is made by the health authority.

6

For the purposes of paragraph (1)(b), the conditions are that—

a

charges for water supplied to the premises are fixed by reference to volume or would be so fixed if the consumer had not been receiving assistance under these Regulations;

b

the consumer and other qualifying persons (if any) occupy the whole or part of the premises as their only or principal home;

c

in the case of premises which are not used solely as a person’s home, the other use is not the principal use of the premises;

d

water supplied to the premises is not used for—

i

watering a garden, other than by hand, by means of any apparatus; or

ii

automatically replenishing a pond, or a swimming pool, with a capacity greater than 10,000 litres; and

e

the consumer has applied for assistance and established their entitlement to it in accordance with regulation 4.