The Home Energy Efficiency Schemes (Wales) Regulations 2000

Persons who may apply for a grant

5.—(1) A works application for a grant under HEES in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as his or her only or main residence and who, at the time the application is made–

(a) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (3) applies, and who is, or is living with a spouse who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under 16 years of age; or

(b) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (4) applies.

(2) A works application for a grant under HEES Plus in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as his or her only or main residence and who, at the time the application is made–

(a) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (5) applies; or

(b) is, or is living with a spouse who is, in receipt of a benefit to which paragraph (3) applies and who has attained, or is living with a spouse who has attained, the age of 60; or

(c) is a lone parent and who is in receipt of a benefit to which paragraph (3) applies; or

(d) is, or is living with a spouse who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under 16 years of age and a benefit to which paragraph (5) applies is being paid to or in respect of that child.

(3) This paragraph applies to council tax benefit, housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995(1)).

(4) This paragraph applies to working families tax credit (as provided for in Part VII of the 1992 Act)(2).

(5) This paragraph applies to—

(a) disabled person’s tax credit (as provided for in Part VII of the 1992 Act);

(b) an attendance allowance, that is to say—

(i) an attendance allowance under section 64 of the 1992 Act; or

(ii) an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act(3)); or

(iii) a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(4) or any analogous payment; or

(iv) any payment based on need for attendance which is paid with a war disablement pension; or

(v) any payment intended to compensate for the non-payment of a payment, allowance or pension mentioned in any of sub-paragraphs (i) to (iv) of this definition;

(c) disability living allowance (under section 71 of the 1992 Act);

(d) war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992 (5) or under article 10 of the Naval Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 (6) so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917(7)) together with—

(i) a mobility supplement under article 26A of the Naval Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(8) (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under Article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that scheme)(9), or a payment intended to compensate for the non-payment of such a supplement; or

(ii) aa payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance);

(e) council tax benefit, housing benefit and income support (in each case where payment includes a disability premium as provided for in the Council Tax Benefit (General) Regulations 1992 (10), the Housing Benefit (General) Regulations 1987 (11) and the Income Support (General) Regulations 1987 (12) respectively) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendance allowance).

(6) A partial grant application may be entertained from a person who has attained, or lives with a spouse who has attained, the age of sixty and who occupies the dwelling as his or her only or main residence and who either owns the freehold of it or has a leasehold interest in it of not less than 21 years.

(7) In the case of dwellings in multiple occupation, the area agency shall determine the number of eligible householders in the dwelling which is the subject of an application. If the number of eligible householders exceeds 50% of the total number of householders in the dwelling, an application in respect of the dwelling may be entertained.

(8) For the purposes of this regulation—

• “householder” (“deiliad”) means a person who, alone or jointly with others, is a freeholder or tenant.

• “lone parent” (“rhiant unigol”) means a parent or other person who is in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under 16 years of age and who is responsible for and a member of the same household as that child and who has no spouse or is not living with his or her spouse.

• “spouse” (“priod”) includes a person with whom the applicant lives as husband or wife.

• “tenant” (“tenant”) includes a sub-tenant and a person who has—

  (a)

  a protected occupancy or a statutory tenancy under the Rent (Agriculture) Act 1976(13);

  (b)

  a statutory tenancy under the Rent Act 1977(14);

  (c)

  a secure tenancy under Part IV of the Housing Act 1985(15) or an introductory tenancy under Chapter I of Part V of the Housing Act 1996(16);

  (d)

  a licence to occupy which meets the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985 (17); or

  (e)

  an assured agricultural occupancy under Part I of the Housing Act 1988 (18).

(1)

1995 (c. 18).

(2)

Part VII of the 1992 Act was amended by the Tax Credits Act 1999 (c. 10).

(3)

See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c. 6).

(4)

SI 1983/686; article 16 was amended by SI 1984/1675.

(5)

1992 (c. 5).

(6)

SI 1983/883; article 10 was amended by the Tax Credits Act 1999.

(7)

7 & 8 Geo. 5 (c.51).

(8)

SI 1983/833; article 26A was added by SI 1983/1116 and amended by SI 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710, 1995/766 and 1997/766.

(9)

SI 1983/686; article 25A was added by SI 1983/1164 and amended by SI 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702 and 1995/455.

(10)

SI 1992/1814.

(11)

SI 1987/1971.

(12)

SI 1987/1967.

(13)

1976 (c. 80).

(14)

1977 (c. 42).

(15)

1985 (c. 68).

(16)

1996 (c. 52).

(17)

1985 (c. 68); paragraph 12 was substituted by paragraph 12 of Schedule 6 to the Charities Act 1992 (c. 41).

(18)

1988 (c. 50).