The Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2005 and shall come into force on 10th February 2005.

Amendments to the Water Industry (Charges) (Vulnerable Groups) Regulations 1999

2.—(1) The Water Industry (Charges) (Vulnerable Groups) Regulations 1999(1) shall be amended as follows.

(2) In regulation 2 (special provision to be included in charges schemes)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), omit the word “dependent”, and for “16” substitute “19”;

(ii) for sub-paragraph (b) substitute—

“(b) the consumer or another person residing with him in the premises, whether or not the same person as the qualifying person—

(i) is diagnosed as suffering from any of the medical conditions listed in paragraph (5) and as a result of that condition is obliged to use a significant additional volume of water; or

(ii) subject to regulation 4(6A), is diagnosed as suffering from a medical condition other than one listed in paragraph (5) and as a result of that condition is obliged to use a significant additional volume of water.”;

(b) in paragraph (5)—

(i) in sub-paragraph (d), omit the word “and”; and

(ii) for sub-paragraph (e) substitute—

“(e) Crohn’s disease;

(f) ulcerative colitis; and

(g) renal failure requiring dialysis at home.”; and

(c) after paragraph (5), add—

“(6) Paragraph (5)(g) does not apply where a contribution to the cost of the water consumed in the process of dialysis during the billing period is made by the health authority.”.

(3) In regulation 4 (method of establishing entitlement to assistance)—

(a) in paragraph (5), omit the word “dependent” in both places where that word occurs, and for “16” substitute “19”;

(b) in paragraph (6)—

(i) for “regulation 2(2)(b)” substitute “regulation 2(2)(b)(i)”;

(ii) insert “and” at the end of sub-paragraph (a); and

(iii) omit sub-paragraphs (c) and (d);

(c) after paragraph (6) insert—

“(6A) In the case of an application for assistance made in reliance upon regulation 2(2)(b)(ii) (other medical conditions), the undertaker may refuse the application if it is not supported by a certificate given by a registered medical practitioner in accordance with paragraph (6B).

(6B) A certificate under paragraph (6A) shall be in the form of a statement in writing bearing the signature of the registered medical practitioner, and containing the following particulars—

(a) the name of the person in respect of whom the diagnosis is made (“the patient”);

(b) the diagnosis of the patient’s medical condition which obliges the patient to use a significant additional volume of water;

(c) the date on which the certificate is given; and

(d) the name and address of the registered medical practitioner.”; and

(d) after paragraph (9) insert—

“(9A) Paragraph (9) shall not apply in relation to the provision of a certificate under paragraph (6A).”.

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

16th January 2005