The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2011

Citation and commencement

1.  These Regulations may be cited as the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2011 and come into force on 15th March 2011.

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

2.  The Home Energy Assistance Scheme (Scotland) Regulations 2009(1) are amended as follows.

3.  In regulation 2 (interpretation), after the definition of “tenant” insert ““terminally ill” has the meaning given in section 66(2)(a) of the 1992 Act”.

4.  In regulation 4 (conditions of grant)—

(a) in paragraph (5), for “No” substitute “Subject to paragraph (5A), no”;

(b) after paragraph (5) insert—

“(5A) Where the circumstances in paragraph (5B) are met in respect of a dwelling, paragraph (5) will apply to that dwelling from the date on which a second grant is made under these Regulations in respect of it.

(5B) The circumstances are that—

(a) a grant of an amount not exceeding £750 has been made under these Regulations in respect of the dwelling; and

(b) prior to the making of that grant, no grant had been made under these Regulations in respect of the dwelling.”.

5.  In regulation 6 (person eligible to apply for a grant)—

(a) in paragraph (1)(b) after “year” insert “, except where the circumstances in paragraph (1A) apply”;

(b) in paragraph (1)(c) after “completed” insert “, except where that person, or a partner living with that person, is terminally ill”;

(c) in paragraph (1)(d) for “(4)” substitute “(4B)”;

(d) after paragraph (1) insert—

“(1A) The circumstances are that—

(a) the person making the application, or a partner living with that person, is terminally ill; and

(b) no applicant has previously been excepted from the condition in paragraph (1)(b) in respect of any other dwelling by virtue of that person being terminally ill.”;

(e) after paragraph (4) insert—

“(4A) The criteria are that the person—

(a) is or lives with a partner who is in receipt of the highest rate of the care component of disability living allowance as mentioned in section 72(4)(a) of the 1992 Act or the higher rate of the mobility component of disability living allowance as mentioned in section 73(11)(a) of the 1992 Act;

(b) is or lives with a partner who is in receipt of a benefit listed in paragraph (5) other than disability living allowance; and

(c) lives in an energy inefficient dwelling.

(4B) The criteria are that the person—

(a) is or lives with a partner who is terminally ill;

(b) is or lives with a partner who is in receipt of a benefit listed in paragraph (5) other than disability living allowance; and

(c) lives in an energy inefficient dwelling.”.

6.  In regulation 8 (amount of grant)—

(a) for paragraph (1) substitute—

“(1) Subject to paragraph (4), the maximum amount of grant which may be made in respect of an application is─

(a) £4,000; or

(b) where paragraph (2) applies, £6,500.”;

(b) after paragraph (3) insert—

“(4) Where, in respect of any dwelling—

(a) the circumstances in regulation 4(5B) apply; and

(b) an application for a further grant under these Regulations is made within 10 years of the date of the grant referred to in regulation 4(5B)(a),

the maximum amount of grant which may be made in respect of that application is to be calculated in accordance with paragraph (5);

(5) The maximum amount of grant in paragraph (1) is reduced by the amount of the previous grant.”.

      ALEX NEIL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st February 2011