The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2013

Scottish Statutory Instruments

2013 No. 253

Energy Conservation

The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2013

Made

3rd September 2013

Laid before the Scottish Parliament

5th September 2013

Coming into force

1st November 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 15(1) and (2)(c) of the Social Security Act 1990(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2013 and come into force on 1st November 2013.

Interpretation

2.  In these Regulations “the 2013 Regulations” means the Home Energy Assistance Scheme (Scotland) Regulations 2013(2).

Amendment of the Home Energy Assistance Scheme (Scotland) Regulations 2013

3.  The 2013 Regulations are amended in accordance with regulations 4 and 5.

4.  In regulation 2 (interpretation) after the definition of “central heating system” insert—

““council tax reduction” means a reduction in liability for council tax calculated in accordance with either—

(a)

the Council Tax Reduction (Scotland) Regulations 2012(3); or

(b)

the Council Tax Reduction (State Pension Credit) (Scotland) Regulations  2012(4);”.

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

(a) in paragraph (5)(a), after “receipt of” insert “council tax reduction or”;

(b) in paragraph (6)(b), after “receipt of” insert “council tax reduction or”;

(c) in paragraph (7)(b), after “receipt of” insert “council tax reduction or”; and

(d) in paragraph (8)(b), after “receipt of” insert “council tax reduction or”.

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd September 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Home Energy Assistance Scheme (Scotland) Regulations 2013 (“the principal Regulations”) which provide for the making of grants to improve the thermal insulation and energy efficiency of dwellings and to provide advice to reduce or prevent the wastage of energy in a dwelling.

Regulation 4 inserts a definition of “council tax reduction” into regulation 2 (interpretation) of the principal Regulations.

Regulation 5 broadens the scope of regulation 6 (persons eligible to apply for a grant) of the principal Regulations. Where a person or their partner is receipt of council tax reduction they will be eligible to apply for a grant, provided they meet other qualifying requirements as prescribed by the principal Regulations.

(1)

1990 c.27. Section 15 was amended by section 142 of the Housing Grants, Construction and Regeneration Act 1996 (c.53). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

S.S.I. 2013/148.

(3)

S.S.I. 2012/303 as amended by S.S.I. 2013/48, S.S.I. 2013/142 and S.S.I. 2013/218.

(4)

S.S.I. 2012/319 as amended by S.S.I. 2013/49, S.S.I. 2013/142 and S.S.I. 2013/218.