# The Home Energy Efficiency Scheme (Scotland) Regulations 2006, Regulation 7: Persons who may apply for a grant under this Part


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(1) An application for a grant towards the cost of the works specified in regulation 8 may be entertained from a person who is the owner or tenant of the dwelling, either alone or jointly with others, who lives in the dwelling as an only or main residence and either–
(a) has attained, or lives with a partner who has attained, the age of 60; or
(b) satisfies one of the conditions in paragraph (2).
(2) The conditions are that the applicant must–
(a) be, or live with a partner who is, in receipt of a benefit to which paragraph (3) applies;
(b) be, or live with a partner who is, in receipt of a guarantee credit as mentioned in section 1 of the State Pension Credit Act 2002;
(c) be, or live with a partner who is, in receipt of child tax credit or working tax credit under the Tax Credits Act 2002 and have a relevant income of less than £15,460 and for these purposes “relevant income” has the same meaning as in Part 1 of that Act; or
(d) have a child living in the dwelling, or live with a partner who has a child living in the dwelling, who has been awarded a disability living allowance under section 71 of the 1992 Act.
(3) This paragraph applies to–
(a) an attendance allowance, that is to say–
(i) an 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);
(b) a disability living allowance (under 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); and
(c) a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992 or under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917, 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).
(4) For the purposes of this regulation–
“owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking; and
“tenant” includes a person who–
(i) is a service occupant;
(ii) has a licence to occupy a dwelling; or
(iii) is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993,
and, in any case, a sub-tenant.

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Source: https://www.legislation.gov.uk/ssi/2006/570/regulation/7 (the official version)
Page: https://openlegislation.uk/home-energy-efficiency-scheme-scotland-regulations-2006/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.