The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2012

Citation and commencement

1.  These Regulations may be cited as the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2012 and come into force on 1st April 2012.

Interpretation

2.  In these Regulations “the 2009 Regulations” means the Home Energy Assistance Scheme (Scotland) Regulations 2009(1).

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

3.  The 2009 Regulations are amended in accordance with regulations 4 to 6.

4.  In regulation 2 (interpretation)—

(a) in paragraph (a) of the definition of “energy inefficient dwelling”(2), after “above” insert “using the Reduced Data SAP calculation”, and

(b) in the definition of “Standard Assessment Procedure”, for “2005 Edition” substitute “2009 Edition, as updated in March 2011 and “Reduced Data SAP calculation” refers to methodology in Appendix S of that Edition”.

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

(a) after paragraph (4A)(3) insert—

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

(a) is or lives with a partner who is in receipt of a mobility supplement of the type described in paragraph (5)(e) or who is in receipt of the intermediate rate or exceptional rate of a constant attendance allowance as described in that paragraph;

(b) is or lives with a partner who is in receipt of a benefit listed in paragraph (5), other than those set out in sub-paragraph (e); and

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

(b) in paragraph (4B), after “allowance” insert “or the benefits set out in sub-paragraph (e) of that paragraph”; and

(c) for paragraph (5)(e) substitute—

“(e) “a mobility supplement under article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(4) (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(5) (including that article as applied by article 48A of that Scheme), or a payment intended to compensate for the non-payment of such a supplement, or a payment of constant attendance allowance under article 8 of that Order(6);”.

6.  In regulation 8(2)(a) (amount of grant), after “above” insert “using the Reduced Data SAP calculation”.

Applications prior to 1st April 2012

7.  The amendments made to the 2009 Regulations by these Regulations do not apply in relation to any application submitted prior to 1st April 2012 in accordance with regulation 5 (applications) of the 2009 Regulations.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th February 2012