The Home Energy Efficiency Schemes (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

Section 15(1) of the Social Security Act 1990 (as amended by section 142 of the Housing Grants, Construction and Regeneration Act 1996) provides that the Secretary of State may make, or arrange for the making of, grants towards the cost of work or advice to improve thermal insulation or otherwise to reduce or prevent energy wastage in dwellings.

The Secretary of State’s power under this section is now exercisable by the National Assembly for Wales in relation to Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999.

The Home Energy Efficiency Schemes (Wales) Regulations 2000 (“the 2000 Regulations”) set out the schemes for providing grants to persons on low incomes who have children, or are elderly, disabled or in poor health. The 2000 Regulations provided for eligibility to receive a grant, determination by the Assembly of the categories of works, the maximum levels of grants available, the purposes for which grants may be approved and the method of applying for a grant.

These Regulations revoke the 2000 Regulations and re-enact them with amendments.

Regulation 3 contains revocation and transitional provisions. A person who applied for a grant under the 2000 Regulations may, where the works have not been commenced, have the application dealt with in accordance with these Regulations.

By virtue of section 17 of the Interpretation Act 1978, determinations made under Regulation 7(2) of the 2000 Regulations continue to have effect as if made under Regulation 7(2) of these Regulations.

In addition to minor and drafting amendments, the following changes of substance are made to the 2000 Regulations.

Regulation 5(1) includes in the list of persons eligible to apply for a Home Energy Efficiency Scheme (“HEES”) grant (a) any person who is in receipt of child tax credit and working tax credit (provided for by the Tax Credits Act 2002) and who has a relevant income of less than £15,460 and (b) a person who is, or who is living with a partner who is, in receipt of one of certain specified benefits and who is, or who is living with a partner who is, a pregnant woman in respect of whom a maternity certificate has been given.

Regulation 5(2) provides that those who are, or whose partners are, 80 and over, qualify for assistance under HEES Plus.

Regulation 5(2) also alters the list of persons eligible to apply for a HEES Plus Grant to include those in receipt of State Pension Credit.

The Regulations refer to “partner” in place of “spouse” and Regulation 5(7) provides that “partner” includes a civil partner.

Regulation 6(1)(j) extends the list of purposes for which grant may be approved to include solid fuel central heating and systems which generate electricity.

Regulation 6(1)(m) extends the list of purposes for which grant may be approved to include space and water heating systems based on renewable sources of energy.