Explanatory note

The Water Industry (Charges) (Vulnerable Groups) Regulations 1999 (“the 1999 Regulations”) require water and sewerage undertakers' charges schemes to include special provision for assistance for certain groups of people on low incomes. The 1999 Regulations do not apply to any water or sewerage undertaker whose area is wholly or mainly in Wales. These Regulations amend the 1999 Regulations to expand the classes of people entitled to assistance.

Regulation 2(2)(a) of the 1999 Regulations requires provision for assistance for consumers who are or live with a person on relevant benefits where that person also receives child benefit for three or more children under 16. Regulation 2(2) of these Regulations raises the age limit to 19.

Regulation 2(2)(b) of the 1999 Regulations requires the provision of assistance to households which include a person on relevant benefits or tax credits who suffers from, and receives treatment for, a medical condition listed in regulation 2(5) which requires the use of extra water. Regulation 2(2) of these Regulations substitutes a new regulation 2(2)(b) with the effect (in part) of: adding Crohn’s disease and ulcerative colitis to the list of medical conditions; removing entitlement to support where a person suffers from renal failure requiring home dialysis if a health authority contributes to the cost of water consumed; removing the requirement that the person should be receiving treatment for the condition; and removing the requirement that the person who suffers from the condition is the person in receipt of benefits.

Regulation 4(4) of the 1999 Regulations requires specified information to be given in support of an application for assistance on the basis of a listed medical condition. Regulation 2(3) of these Regulations amends this provision to remove the need to provide information about treatment received.

New regulation 2(2)(b) of the 1999 Regulations also requires the provision of assistance to relevant households which include a person suffering from any other medical condition which requires the use of extra water. Regulation 2(3) of these Regulations inserts into regulation 4 of the 1999 Regulations a requirement for a doctor’s certificate in connection with such applications, and provides that the cost of the doctor’s certificate should not be met by the water or sewerage company.

Regulation 2(3) also makes a number of small consequential amendments.

A full regulatory impact assessment has been prepared in connection with the changes made by these Regulations. It is contained in the paper “Reductions for Vulnerable Groups: Response to Consultation” produced by the Department for Environment, Food and Rural Affairs. A copy of that paper has been placed in the library of each House of Parliament, and copies are available on the Defra website. Copies may also be obtained from Division WSR4, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE (telephone 020 7944 8362).