# The Home Energy Assistance Scheme (Scotland) Regulations 2009, Regulation 6: Person eligible to apply for a grant

Extent: S
Status: prospective

(1) Persons from whom an application for a grant may be entertained must–
(a) be the owner or tenant of the dwelling to which the application relates, either alone or jointly with others;
(b) have occupied the dwelling as their only or main residence for at least one year;
(c) not expect to cease to occupy the dwelling within the period of twelve months beginning with the date on which the works are completed; and
(d) meet the criteria in all or any of paragraphs (2) to (4).
(2) The criteria are that the person–
(a) has attained or lives with a partner who has attained the age of 75; and
(b) lives in an energy inefficient dwelling.
(3) The criteria are that the person–
(a) has attained or lives with a partner who has attained the age of 60; and
(b) lives in a dwelling which does not have a central heating system.
(4) The criteria are that the person–
(a) is or lives with a partner who is in receipt of a benefit listed in paragraph (5);
(b) lives in an energy inefficient dwelling; and
(c) either–
(i) has a child living in the dwelling, or lives with a partner who has a child living in the dwelling, who is either under the age of 5 or who is under the age of 16 and has been awarded a disability living allowance within the meaning of section 71 of the 1992 Act; or
(ii) furnishes a maternity certificate with the application confirming that the applicant or the applicant’s partner is pregnant; or
(iii) has attained or lives with a partner who has attained the age of 60.
(5) This paragraph applies to–
(a) guarantee credit as mentioned in section 1 of the State Pension Credit Act 2002;
(b) child tax credit or working tax credit under the Tax Credits Act 2002 where the relevant income is less than £17,474 and for these purposes “relevant income” has the same meaning as in Part 1 of that Act;
(c) attendance allowance, that is to say–
(i) attendance allowance under section 64 of the 1992 Act;
(ii) an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part 1 of Schedule 8 to the 1992 Act;
(iii) a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
(iv) any payment based on need for attendance which is paid with a war disablement pension; or
(v) any payment intended to compensate for the non payment of a payment, allowance or pension mentioned in any of sub paragraphs (i) to (iv);
(d) disability living allowance (within the meaning of section 71 of the 1992 Act), council tax benefit, housing benefit and income support (each as provided for in Part VII of the 1992 Act), industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendance allowance) and an income based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995);
(e) a war disablement pension as defined by section 159B(6) of the Social Security Administration Act 1992 or a pension for disablement under Part II of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, or any award of war disablement pension which continues to have effect by virtue of Schedule 4, paragraph 8 to that Order, together with–
(i) a mobility supplement under article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme), or a payment intended to compensate for the non payment of such a supplement; or
(ii) a payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance); and
(f) employment and support allowance within the meaning of Part 1 of the Welfare Reform Act 2007.

---
Source: https://www.legislation.gov.uk/ssi/2009/48/regulation/6 (the official version)
Page: https://openlegislation.uk/home-energy-assistance-scheme-scotland-regulations-2009/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.