The Home Energy Efficiency Grants Regulations 1992

Persons who may apply for a grant

3.—(1) An application for a grant in respect of works in a dwelling may be entertained from a person—

(a) who is the householder of and is resident in the dwelling in respect of which the application is made; and

(b) who at the time of making the application is, or whose spouse with whom he or she is living is, in receipt of any income support, housing benefit, family credit, community charge benefit or disability working allowance (within the meaning of section 20 of the Social Security Act 1986(1)).

(2) For the purpose of this regulation—

(a) “householder” means a person, who alone or jointly with others, is—

(i) in England and Wales, a freeholder, lessee or tenant and “lessee” includes a sub-lessee and “tenant” includes a sub-tenant and, without prejudice to the generality of the term, includes a person who has an assured tenancy, a protected tenancy, a secure tenancy or a statutory tenancy;

(ii) in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts(2) would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and any person who has a statutory tenancy under section 3(1) of the Rent (Scotland) Act 1984(3), or who has entered into a contract to which Part VII of that Act applies, or who has a statutory assured tenancy, within the meaning of section 16(1) of the Housing (Scotland) Act 1988(4);

(b) “spouse” includes a person with whom the applicant is living as husband or wife; and

(c) a person shall not be treated as resident in a dwelling unless he is residing there as his only or main residence.

(1)

1986 c. 50; section 20 was amended by Schedule 10 to the Local Government Finance Act 1988 (c. 41) and section 6 of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).

(2)

As defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

(3)

1984 c. 58.

(4)

1988 c. 43.