SCHEDULE 1AFFORDABLE WARMTH GROUP ELIGIBILITY

Article 2

1.

The benefits referred to in the definition of affordable warmth group in article 2 are—

(a)

child tax credit31 and has a relevant income of £16,010 or less (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 200232);

(b)

income-related employment and support allowance33 and—

(i)

receiving a work-related activity or support component; or

(ii)

is responsible for a qualifying child; or

(iii)

is in receipt of a qualifying component;

(c)

income-based job seeker’s allowance34 and—

(i)

is responsible for a qualifying child; or

(ii)

is in receipt of a qualifying component;

(d)

income support35 and—

(i)

is responsible for a qualifying child; or

(ii)

is in receipt of a qualifying component;

(e)

state pension credit36;

(f)

working tax credit and has a relevant income of £16,010 or less and—

(i)

is responsible for a qualifying child; or

(ii)

is in receipt of a disability or severe disability element; or

(iii)

is aged 60 years or over; or

(g)

universal credit37 and the condition as to earned income in paragraph 4 is met and—

(i)

is responsible for a child or qualifying young person as determined under regulation 4 of the Universal Credit Regulations 201338; or

(ii)

has limited capability for work, or limited capability for work and work-related activity, as determined under Part 5 of the Universal Credit Regulations 2013; or

(iii)

is in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 199239; or

(iv)

is in receipt of a personal independence payment under Part 4 of the Welfare Reform Act 201240.

2.

In paragraph 1 “qualifying child” means, in relation to a person in receipt of an allowance in paragraph 1(b) or (c), income support or working tax credit, a child who ordinarily resides with that person and who—

(a)

is under the age of 16; or

(b)

is—

(i)

16 or over but under the age of 20; and

(ii)

in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 199641) or approved training (as defined in regulation 2 of the Child Tax Credit Regulations 200242).

3.

In paragraph 1—

(a)

“qualifying component” means—

(i)

child tax credit which includes a disability or severe disability element;

(ii)

a disabled child premium;

(iii)

a disability premium, enhanced disability premium or severe disability premium; or

(iv)

a pensioner premium, higher pensioner premium or enhanced pensioner premium;

(b)

whether a person is responsible for a qualifying child is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 200243.

4.

(1)

Where the award of universal credit is—

(a)

to a single claimant, the condition as to earned income is that, in any of the twelve preceding assessment periods, the claimant has received earned income which does not exceed £1,250; or

(b)

to joint claimants, the condition as to earned income is that, in any of the twelve preceding assessment periods, the combined earned income received by the claimants does not exceed £1,250.

(2)

In this paragraph—

(a)

“assessment period”;

(b)

“earned income”;

(c)

“joint claimants”; and

(d)

“single claimant”,

are to be interpreted in accordance with the Welfare Reform Act 2012 and any subordinate legislation made under that Act.