Regulation 6 Determination of scheme customers by the Secretary of StateI1

England, Wales and Scotland

(1)

The Secretary of State may in any scheme year give one or more notices to a scheme electricity supplier specifying persons to whom, subject to regulations 7 and 8, the supplier must provide the prescribed rebate.

(2)

F1In scheme years 1 to 7, A person may not be specified in a notice unless it appears to the Secretary of State that—

(a)

the person is a domestic customer of the scheme electricity supplier; and

(b)

the person, or the person’s partner, is in receipt of state pension credit.

F2(2A)

In scheme year 8, a person may not be specified in a notice unless it appears to the Secretary of State that—

(a)

the person is a domestic customer of the scheme electricity supplier; and

(b)

the person, or the person’s partner, is in receipt of guarantee credit.

(2B)

In scheme years 9 and 10, a person may not be specified in a notice unless it appears to the Secretary of State that—

(a)

the person is a domestic customer of the scheme electricity supplier; and

(b)

either—

(i)

the person meets the criteria described in any eligibility statement for the scheme year consulted on and published, before the start of the scheme year, by the Secretary of State; or

(ii)

where, before the start of the scheme year, the Secretary of State has not consulted on and published an eligibility statement for the scheme year, the person, or the person’s partner, is in receipt of guarantee credit.

F3(2C)

In scheme year 11, a person may not be specified in a notice unless it appears to the Secretary of State that—

(a)

the person is a domestic customer of the scheme electricity supplier; and

(b)

the person, or the person’s partner, is in receipt of guarantee credit.

F4(3)

A notice containing personal information (within the meaning of section 40(5) of the Digital Economy Act 2017) may only be given if—

(a)

the personal information is given with the consent of the persons to whom it relates;

(b)

regulations are in force under section 142 of the Pensions Act 2008 and those regulations authorise the Secretary of State to provide the electricity supplier with the personal information contained in the notice; or

(c)

the Secretary of State is authorised by section 36 of the Digital Economy Act 2017 to provide the electricity supplier with the personal information contained in the notice.

F5(4)

In scheme year 5, a notice may not be given after 1st March 2016.

F6(5)

In scheme year 7, a notice may not be given after 1st March 2018.

F7(6)

In scheme year 10, a notice may not be given after 1st March 2021.

F8(7)

In scheme year 11, a notice may not be given after 1st March 2022.

Annotations

Textual amendments

F1: Words in reg. 6(2) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 8(a)
F2: Reg. 6(2A)(2B) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 8(b)
F3: Reg. 6(2C) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 7(a)
F4: Reg. 6(3) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 8(c)
F5: Reg. 6(4) substituted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 7
F6: Reg. 6(5) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 7
F7: Reg. 6(6) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 8(d)
F8: Reg. 6(7) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 7(b)

Commencement

I1: Reg. 6 in force at 1.4.2011, see reg. 1(2)