Regulation 4 Persons who may apply for a grant

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 4 am (S) by Home Energy Efficiency Scheme Amendment 2005 regs 2, 3
reg. 4(1) words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 22
reg 4 am by Home Energy Efficiency Scheme Amendment 2003 reg 2(b)
reg 4 rev in pt by Home Energy Efficiency Scheme Amendment 2003 reg 2(c)
reg 4 am (S) by Home Energy Efficiency Scheme Amendment 2003 reg 2
reg. 4(1)(d) sum substituted by Home Energy Efficiency Scheme Amendment 2004 reg. 4
reg. 4(3) words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 23

(1)

An application for a grant for works in respect of a dwelling may be entertained from a person who is the householder of the dwelling and lives in the dwelling as his only or main residence and who, at the time the application is made,—

(a)

has attained, or lives with his spouse who has attained, the age of 60;

(b)

is, or lives with his spouse who is, in receipt of a benefit to which paragraph 2 applies.

(2)

This paragraph applies to—

(a)

an attendance allowance, that is to say—

(i)

an attendance allowance under Part III to 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 I of Schedule 8 to the 1992 Act^f1;

(iii)

a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983^f2 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) of this definition;

(b)

a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, council tax benefit, family credit, housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995^f3); and

(c)

a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992^f4 or under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f5, so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917^f6, together with—

(i)

a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f7 (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)^f8, 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).

(3)

For the purposes of this regulation,—

“householder” means a person who, alone or jointly with others, is—

(a)

in England and Wales, a freeholder or tenant, and “tenant” includes a sub-tenant and a person who has—

(i)

a protected occupancy or a statutory tenancy under the Rent (Agriculture) Act 1976^f9;

(ii)

a statutory tenancy under the Rent Act 1977^f10;

(iii)

a secure tenancy under Part IV of the Housing Act 1985^f11 or an introductory tenancy under Chapter I of Part V of the Housing Act 1996^f12;

(iv)

a licence to occupy which meets the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985^f13 (almshouse licences); or

(v)

an assured agricultural occupancy under Part I of the Housing Act 1988^f14; and

(b)

in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts^f15 would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and a person who—

(i)

is a statutory tenant under section 3(1) of the Rent (Scotland) Act 1984^f16;

(ii)

has entered into a contract to which Part VII of that Act applies;

(iii)

has a licence to occupy a dwelling which, if the dwelling were situated in England and Wales, would meet the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985 (almshouse licences); or

(iv)

is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993^f17; and

“spouse” includes a person with whom the applicant lives as husband or wife.

Annotations

Footnotes

f1: See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c. 6).
f2: S.I. 1983/686; article 16 was amended by S.I. 1984/1675.
f3: 1995 c. 18.
f4: 1992 c. 5.
f5: S.I. 1983/883; article 10 was amended by S.I. 1993/598.
f6: 7 & 8 Geo. 5 c.51.
f7: S.I. 1983/883; article 26A was added by S.I. 1983/1116 and amended by S.I. 1983/1521, 1986/592, 1990/1308, 1991/766, 1992/710 and 1995/766.
f8: S.I. 1983/686; article 25A was added by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708, 1992/702 and 1995/445.
f9: 1976 c. 80.
f10: 1977 c. 42.
f11: 1985 c. 68.
f12: 1996 c. 52.
f13: 1985 c. 68; paragraph 12 was substituted by paragraph 12 of Schedule 6 to the Charities Act 1992 (c. 41).
f14: 1988 c. 50.
f15: Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).
f16: 1984 c. 58; amended by section 46(1) of the Housing (Scotland) Act 1988 (c. 43).
f17: 1993 c. 44.