The Electricity and Gas (Energy Company Obligation) Order 2018

Article 14

SCHEDULE 2 U.K. Help to heat group eligibility

1.  The benefits referred to in the definition of “help to heat group” in article 14 are— U.K.

(a) armed forces independence payment under a scheme established under section 1 of the Armed Forces (Pensions and Compensation) Act 2004 M1 ;

(b) attendance allowance under Part 3 of the 1992 Act M2 ;

(c) carer's allowance under Part 3 of the 1992 Act M3 ;

(d) child benefit under Part 9 of the 1992 Act M4 ;

(e) child tax credit under section 8 of the Tax Credits Act 2002 M5 ;

(f) constant attendance allowance under—

(i) article 14 of the Personal Injuries (Civilians) Scheme 1983 M6 , or

(ii) article 8 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 M7 ;

(g) disability living allowance under Part 3 of the 1992 Act M8 ;

(h) 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 M9 );

(i) income-related employment and support allowance within the meaning of section 1 of the Welfare Reform Act 2007 M10 ;

(j) income-based jobseeker's allowance within the meaning of section 1 of the Jobseekers Act 1995 M11 ;

(k) income support under Part 7 of the 1992 Act M12 ;

(l) industrial injuries disablement benefit under Part 5 of the 1992 Act M13 ;

(m) personal independence payment under Part 4 of the Welfare Reform Act 2012 M14 ;

(n) severe disablement allowance under Part 3 of the 1992 Act M15 ;

(o) universal credit under Part 1 of the Welfare Reform Act 2012 M16 ;

(p) mobility supplement as defined in section 150(2) of the 1992 Act M17 ;

(q) working tax credit under section 10 of the Tax Credits Act 2002 M18 .

Marginal Citations

M1 2004 c.32. Section 1 was amended by Schedule 8 to the Public Service Pensions Act 2013 (c.25).

M2 See section 64. That section was amended by section 66 of the Welfare Reform and Pensions Act 1999 (c.30), Schedule 1 to the Pensions Act 2007 (c.22) and Schedules 9 and 14 to the Welfare Reform Act 2012 (c.5).

M3 See section 70. That section was amended by S.I. 1994/2556, S.I. 2002/1457, S.I. 2011/2426, S.I. 2013/388, S.I. 2013/796 and S.I. 2015/1754.

M4 See sections 141 and 145A. Section 141 was amended by section 1 of the Child Benefit Act 2005 (c.6). Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c.21) and was amended by Schedule 24 to the Civil Partnership Act 2004 (c.33) and Schedule 1 to the Child Benefit Act 2005.

M5 2002 c.21. Section 8 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

M6 S.I. 1983/686. Article 14 was substituted by S.I. 2001/420.

M7 S.I. 2006/606. Article 8 was amended by S.I. 2006/1455 and S.I. 2009/706.

M8 See section 71. That section was amended by section 67 of the Welfare Reform and Pensions Act 1999. Disability living allowance under Part 3 of the 1992 Act is prospectively repealed by section 90 of the Welfare Reform Act 2012.

M9 2002 c.16. Section 2 was amended by Schedule 24 to the Civil Partnership Act 2004.

M10 2007 c.5. Section 1 was amended by sections 50, 52 and 53 of the Welfare Reform Act 2012. It was also amended by section 54 of, and Schedules 3 and 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 62 of the Welfare Reform Act 2012.

M11 1995 c.18. Section 1 was amended by Schedules 7 and 13 to the Welfare Reform and Pensions Act 1999, Schedule 24 to the Civil Partnership Act 2004 and Schedule 3 to the Welfare Reform Act 2007 (c.5). It was also amended by sections 44 and 49 of, and Schedule 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 61 of the Welfare Reform Act 2012.

M12 See section 124. That section was amended by Schedules 2 and 3 to the Jobseekers Act 1995, Schedule 8 to the Welfare Reform and Pensions Act 1999, Schedules 2 and 3 to the State Pension Credit Act 2002, Schedule 24 to the Civil Partnership Act 2004, Schedules 3 and 8 to the Welfare Reform Act 2007, section 3 of the Welfare Reform Act 2009 (c.24) and section 59 of the Welfare Reform Act 2012. Part 7 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

M13 See section 94(2)(a).

M14 2012 c.5. See section 77.

M15 See section 68. That section was repealed by section 65 of the Welfare Reform and Pensions Act 1999. S.I. 2000/2958 made savings relating to those entitled to severe disablement allowance before the repeal was brought into force.

M16 See section 1.

M17 Section 150(2) was amended by section 132 of the Pensions Act 1995 (c.26) and Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1). There are other amendments which are not relevant. The mobility supplement defined in that section is known as war pensions mobility supplement.

M18 Section 10 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

2.  The condition as to income in paragraph 3 is specified in relation to child benefit. U.K.

3.  Where the person claiming child benefit is— U.K.

(a) a single claimant, the condition as to income is that the claimant's annual income from all sources does not exceed the amount set out in the first row of the table in the column corresponding to the number of children or qualifying young persons for whom the claimant is responsible;

(b) a member of a couple, the condition as to income is that the couple's combined annual income from all sources does not exceed the amount set out in the second row of the table in the column corresponding to the number of children or qualifying young persons for whom at least one member of the couple is responsible.

Table

Type of claimant	Number of children or qualifying young persons
		1	2	3	4 or more
Single claimant	£18,500	£23,000	£27,500	£32,000
Member of a couple	£25,500	£30,000	£34,500	£39,000

4.  For the purposes of paragraph 3, whether a person is responsible for a child or qualifying young person is to be determined in accordance with Part 9 of the 1992 Act M19 . U.K.

Marginal Citations

M19 See section 143. That section was amended by section 72 of the Child Support, Pensions and Social Security Act 2000 (c.19), Schedule 24 to the Civil Partnership Act 2004, Schedules 1 and 2 to the Child Benefit Act 2005, S.I. 2013/1465 and S.I. 2016/413.

5.  In this Schedule— U.K.

“1992 Act” means the Social Security Contributions and Benefits Act 1992 M20 ;

“child” and “qualifying young person” have the same meaning as in Part 9 of the 1992 Act M21 ;

“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;

“single claimant” means a person who is not a member of a couple.

Marginal Citations

M20 1992 c.4.

M21 See section 142. That section was amended by section 1 of the Child Benefit Act 2005.