The Home Energy Assistance Scheme (Scotland) Regulations 2013

Person eligible to apply for a grant

6.—(1) Persons from whom an application for a grant may be entertained must—

(a) be the owner or tenant of the dwelling to which the application relates, either alone or jointly with others;

(b) have occupied the dwelling as their only or main residence for at least one year, except where the circumstances in paragraph (2) apply;

(c) not expect to cease to occupy the dwelling within the period of twelve months beginning with the date on which the works are completed, except where that person, or a partner living with that person, is terminally ill; and

(d) meet the criteria in all or any of paragraphs (3) to (8).

(2) 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.

(3) The criteria are that the person–

(a) has attained or lives with a partner who has attained the age of 60; and

(b) lives in a dwelling which does not have a central heating system.

(4) The criteria are that the person—

(a) is or lives with a partner who is in receipt of carer’s allowance under section 70 of the 1992 Act(1); and

(b) lives in an energy inefficient dwelling.

(5) The criteria are that the person—

(a) is or lives with a partner who is in receipt of a benefit listed in paragraph (9);

(b) lives in an energy inefficient dwelling; and

(c) either—

(i) has a child living in the dwelling, or lives with a partner who has a child living in the dwelling, who is under the age of 16; or

(ii) furnishes a maternity certificate with the application confirming that the applicant or the applicant’s partner is pregnant; or

(iii) has attained or lives with a partner who has attained the age of 60.

(6) The criteria are that the person—

(a) either—

(i) 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; or

(ii) is or lives with a partner who is in receipt of the enhanced rate of the daily living component of a personal independence payment (payable under section 78(2) of the Welfare Reform Act 2012(2)) or the enhanced rate of a mobility component of such a payment (payable under section 79(2) of that Act); or

(iii) is or lives with a partner who is in receipt of armed forces independence payment;

(b) is or lives with a partner who is in receipt of a benefit listed in paragraph (9) other than disability living allowance, a personal independence payment or armed forces independence payment; and

(c) lives in an energy inefficient dwelling.

(7) 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 (9)(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 (9), other than those set out in sub-paragraph (e); and

(c) lives in an energy inefficient dwelling.

(8) 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 in paragraph (9) other than armed forces independence payment, disability living allowance, a personal independence payment, or the benefits set out in sub-paragraph (e) of that paragraph; and

(c) lives in an energy inefficient dwelling.

(9) This paragraph applies to—

(a) guarantee credit as mentioned in section 1 of the State Pension Credit Act 2002(3);

(b) child tax credit or working tax credit under the Tax Credits Act 2002(4) where—

(i) in the case of a 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(5), 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;

(c) attendance allowance, that is to say—

(i) attendance allowance under section 64 of the 1992 Act(6);

(ii) an increase of an allowance which is payable in respect of constant attendance under the Industrial Injuries Benefit (Injuries arising before 5th July 1948) Regulations 2012(7);

(iii) a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(8) or any analogous payment;

(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);

(d) disability living allowance (within the meaning of section 71 of the 1992 Act)(9), a personal independence payment (within the meaning of section 77 of the Welfare Reform Act 2012), armed forces independence payment, housing benefit and income support (each as provided for in Part VII of the 1992 Act)(10), industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendance allowance) and an income‑based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995(11));

(e) a mobility supplement under article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(12) (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(13) (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(14);

(f) employment and support allowance within the meaning of Part 1 of the Welfare Reform Act 2007(15).

(1)

1992 c.4. Section 70 was amended by S.I. 1994/2556, 2002/1457, 2011/2426 and 2013/388.

(2)

2012 c.5.

(3)

2002 c.16.

(4)

2002 c.21; section 1 makes provision for child tax credit and working tax credit.

(5)

S.I. 2002/2008; as relevantly amended by S.I. 2008/796, 2009/800, 2011/1035, 2012/849 and 2013/750.

(6)

Section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c.30) and paragraph 5 of schedule 9 to the Welfare Reform Act 2012 (c.5).

(7)

S.I. 2012/2743, as amended by S.I. 2012/2812.

(8)

S.I. 1983/686; articles 14, 15 and 16 were amended by S.I. 2001/420 and article 16 by S.I. 1984/1675.

(9)

Section 71 was amended by section 67 of the Welfare Reform and Pensions Act 1999 (c.30).

(10)

Section 124, which deals with income support, and section 130, which deals with housing benefit, were repealed by paragraph 1 of part 1 of Schedule 14 of the Welfare Reform Act 2012 (c.5), with savings provided by S.I. 2013/358.

(11)

1995 c.18. There are amendments not relevant to these Regulations.

(12)

S.I. 2006/606. Article 20 is amended by S.I.2013/388.

(13)

S.I. 1983/686; article 25A was added by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702, 1995/445, 1997/812 and 2001/420. Article 48A was added by S.I. 1984/1289. There are other amendments to S.I. 1983/686 not relevant to these Regulations.

(14)

Article 8 was amended by S.I. 2009/706.

(15)

2007 (c.5) as amended by the Welfare Reform Act 2009 (c.24) and the Welfare Reform Act 2012 (c.5).