2012 No. 2140

Energy Conservation, England

The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by section 15 of the Social Security Act 19901, and with the consent of the Treasury, makes the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2012 and come into force on 12th September 2012.

2

These Regulations apply to England only.

Interpretation2

In these Regulations, “the principal Regulations” means the Home Energy Efficiency Scheme (England) Regulations 20052.

Amendment of the principal Regulations3

1

The principal Regulations are amended as follows.

2

In regulation 2 (interpretation), after the definition of “administering agency” insert—

  • “mobile home” means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 19603 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 19684) which is used as a dwelling for the purposes of Part I of the Local Government Finance Act 19925;

3

In regulation 3 (powers of the Secretary of State), after paragraph (4)6 insert—

5

In respect of an amount allocated to an administering agency under paragraph (4), the Secretary of State—

a

may re-allocate any such amount within a financial year; but

b

must not re-allocate any amounts which have already been allocated or provisionally allocated for the purpose of making grants in accordance with these Regulations.

4

In regulation 4 (persons who may apply for a grant)—

a

in paragraph (2)7—

i

after “that” insert “, except where the dwelling is a mobile home,”; and

ii

for “55” substitute “63”;

b

for paragraph (3A)8 substitute—

3A

This paragraph applies where P is, or is living with a partner who is, in receipt of—

a

child tax credit9 and has a relevant income of £15,860 or less;

b

income-related employment and support allowance10 and—

i

is receiving a work-related activity or support component; or

ii

has parental responsibility for a qualifying child; or

iii

is in receipt of a qualifying component;

c

income-based job seeker’s allowance11 and—

i

has parental responsibility for a qualifying child; or

ii

is in receipt of a qualifying component;

d

income support12 and—

i

has parental responsibility for a qualifying child; or

ii

is in receipt of a qualifying component;

e

state pension credit13;

f

working tax credit and has a relevant income of £15,860 or less and—

i

has parental responsibility for a qualifying child; or

ii

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

iii

is aged 60 years or over.

c

in paragraph (4)—

i

after the definition of “householder” insert—

  • “parental responsibility” has the same meaning as in section 3 of the Children Act 198914;

  • “qualifying child” means, in relation to a person in receipt of an allowance, income support or working tax credit, a child who ordinarily resides with that person and who—

    1. a

      is under the age of 16; or

    2. b

      is 16 or over but under the age of 20 and in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 199615);

ii

after the definition of “qualifying component” insert—

  • “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 200216;

5

In regulation 9 (application for, and payment of, grant), in paragraph (4)17—

a

after “allocated” where it first appears, insert “or re-allocated”; and

b

after “been”, insert “allocated or”.

Transitional provision4

The principal Regulations in force immediately before the date on which these Regulations come into force shall continue to apply on and after that date in respect of a works application made but not determined before that date but as amended by regulation 3(3) and 3(5) of these Regulations.

Charles HendryMinister of StateDepartment of Energy and Climate Change

We consent,

Angela WatkinsonJames DuddridgeTwo of the Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Home Energy Efficiency Scheme (England) Regulations 2005 (S.I. 2005/1539) (“the principal Regulations”).

Regulation 3(2) adds the definition of “mobile home” to regulation 2 of the principal Regulations.

Regulation 3(3) amends the powers of the Secretary of State under regulation 3 of the principal Regulations to permit the Secretary of State to revise an allocation of monies to an administering agency within a financial year where such monies have not already been allocated or provisionally allocated to works applications by the administering agency.

Regulation 3(4)(a)(i) disapplies the condition in regulation 4(2) of the principal Regulations where a works application for grant is made in respect of a mobile home. The effect of the amendment is that mobile homes will not need to have the SAP energy efficiency rating prescribed in regulation 4(2) in respect of a works application for grant. Regulation 3(4)(ii) changes the required SAP energy efficiency rating for dwellings from 55 to 63.

Regulation 3(4)(b) substitutes new income-related eligibility criteria for people who are eligible to make a works application for grant.

Regulation 3(4)(c) adds definitions of “parental responsibility”, “qualifying child” and “relevant income” to regulation 4(4) of the principal Regulations.

Regulation 3(5) amends regulation 9(4) of the principal Regulations in consequence of the insertion of regulation 3(5) into the principal Regulations.

Regulation 4 makes transitional provision in relation to a works application made but not determined before the date on which these Regulations come into force.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.