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—
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.