The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2010 and come into force on 10th May 2010.

Amendments to the Home Energy Assistance Scheme (Scotland) Regulations 2009

2.  Regulation 6 (person eligible to apply for a grant) of the Home Energy Assistance Scheme (Scotland) Regulations 2009(1) is amended in accordance with regulations 3 and 4.

3.  In paragraph (4)(c)(i)—

(a) omit “is either under the age of 5 or who”; and

(b) omit “and has been awarded a disability living allowance within the meaning of section 71 of the 1992 Act”.

4.  For paragraph (5)(b) substitute—

“(b) child tax credit or working tax credit under the Tax Credits Act 2002(2) where—

(i) in the case of child tax credit, the applicant is in receipt of the family element as well as an amount of the individual element which is greater than zero following the operation of steps 1 to 6 in regulation 8 of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002(3), and for these purposes the expressions “the family element” and “the individual element” are to be construed in accordance with section 9(3) of that Act; or

(ii) in the case of working tax credit, the relevant income is no more than £18,165 and for these purposes “relevant income” has the same meaning as in Part 1 of that Act;”.

NICOLA STURGEON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

11th March 2010