The Water Industry (Charges) (Vulnerable Groups) (Consolidation) Regulations 2015

Method of establishing entitlement to assistance E+W

4.—(1) An application for assistance under these Regulations must be made by the consumer to the relevant water undertaker, except that where the area of that water undertaker is wholly or mainly in Wales the application must be made to the relevant sewerage undertaker.

(2) When the consumer makes an application for assistance, the consumer must provide the water or sewerage undertaker with such information as the undertaker reasonably requires to establish the consumer’s entitlement to assistance in accordance with regulation 2.

(3) The water or sewerage undertaker must take reasonable steps to verify the consumer’s entitlement to assistance.

(4) The water or sewerage undertaker may refuse the application for assistance if—

(a) it is not supported by a copy of the latest notice of entitlement, confirming a qualifying person’s entitlement to receive one of the benefits or tax credits listed in regulation 2(3); or

(b) the copy of the latest notice of entitlement, supporting the application–

(i) in the case of benefits, is dated more than 12 months before the date of the application for assistance;

(ii) in the case of tax credits, is dated more than 6 months before the date of the application for assistance.

(5) In the case of an application for assistance made in reliance upon regulation 2(2)(a) (child benefit), the water or sewerage undertaker may refuse the application if it is not supported by a copy of the latest notice of entitlement, confirming a qualifying person’s entitlement 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 in question.

(6) In the case of an application for assistance made in reliance upon regulation 2(2)(b)(i) (listed medical conditions), the water or sewerage undertaker may refuse the application if it is not supported by relevant information on—

(a) the medical condition; and

(b) its impact on increased water consumption at the premises.

(7) In the case of an application for assistance made in reliance upon regulation 2(2)(b)(ii) (other medical conditions), the water or sewerage undertaker may refuse the application if it is not supported by a certificate given by a registered medical practitioner in accordance with paragraph (8).

(8) A certificate under paragraph (7) must be in the form of a statement in writing bearing the signature of the registered medical practitioner, and containing the following particulars—

(a) the name of the person in respect of whom the diagnosis is made (“the patient”);

(b) the diagnosis of the patient’s medical condition which obliges the patient to use a significant additional volume of water;

(c) the date on which the certificate is given; and

(d) the name and address of the registered medical practitioner.

(9) Where a consumer’s entitlement to assistance in relation to any premises is established in an application to the relevant water undertaker, and the water undertaker and sewerage undertaker for those premises are different, the water undertaker must inform the sewerage undertaker providing details of—

(a) the consumer’s name;

(b) the address of the premises; and

(c) the starting date of the consumer’s entitlement to assistance,

and if during the year the water undertaker becomes aware that the consumer has ceased to be entitled to assistance, the water undertaker must inform the sewerage undertaker of the consumer’s loss of entitlement.

(10) Except in a case falling within regulation 3(5), the relevant undertaker must give adequate notice in advance to any consumer in receipt of assistance under these Regulations—

(a) reminding the consumer of the need to renew their application for assistance if the consumer wants it to continue beyond the period referred to in regulation 3(4); and

(b) telling the consumer how to do so.

(11) Where a medical practitioner verifies the medical condition of any person to whom regulation 2(2)(b) applies for the purposes of an application for assistance under this regulation, the medical practitioner is entitled to be paid a fee by the water or sewerage undertaker to whom the application is made equal to the amount for the time being determined, and notified to the undertaker, by the Secretary of State.

(12) Paragraph (11) does not apply in relation to the provision of a certificate under paragraph (7).