Regulation 2 Special provision to be included in charges schemesI1

England and Wales

(1)

Subject to regulation 5, any charges scheme must include special provision for providing assistance in accordance with these Regulations in relation to any premises for any consumer if—

(a)

a qualifying person resides in the premises; and

(b)

the conditions in paragraph (6) are satisfied.

(2)

A qualifying person is a person (including the consumer) residing in the premises who is entitled to receive any of the benefits or tax credits listed in paragraph (3) providing—

(a)

that person is also entitled to receive child benefit under Part 9 of the 1992 Act for three or more children under the age of 19 who reside in the premises; or

(b)

any person residing in the premises is–

(i)

diagnosed as suffering from any of the medical conditions listed in paragraph (4) and as a result of that condition obliged to use a significant additional volume of water; or

(ii)

subject to regulation 4(7), diagnosed as suffering from a medical condition other than one listed in paragraph (4) and as a result of that condition obliged to use a significant additional volume of water.

(3)

The benefits and tax credits referred to in paragraph (2) are—

(a)

under Part 7 of the 1992 Act–

(i)

housing benefit^f1; and

(ii)

income support^f2;

(b)

income-based job-seeker’s allowance under section 1(4) of the Jobseekers Act 1995^f3;

(c)

state pension credit under the State Pension Credit Act 2002^f4;

(d)

under Part 1 of the Tax Credits Act 2002^f5–

(i)

child tax credit, if it includes an amount in respect of the individual element of child tax credit^f6; and

(ii)

working tax credit^f7;

(e)

income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007^f8; and

(f)

universal credit under Part 1 of the Welfare Reform Act 2012^f9.

(4)

The medical conditions referred to in paragraph (2)(b)(i) are–

(a)

desquamation;

(b)

weeping skin disease;

(c)

incontinence;

(d)

abdominal stoma;

(e)

Crohn’s disease;

(f)

ulcerative colitis; and

(g)

renal failure requiring dialysis at home.

(5)

Paragraph (4)(g) does not apply where a contribution to the cost of the water consumed in the process of dialysis during the billing period is made by the health authority.

(6)

For the purposes of paragraph (1)(b), the conditions are that—

(a)

charges for water supplied to the premises are fixed by reference to volume or would be so fixed if the consumer had not been receiving assistance under these Regulations;

(b)

the consumer and other qualifying persons (if any) occupy the whole or part of the premises as their only or principal home;

(c)

in the case of premises which are not used solely as a person’s home, the other use is not the principal use of the premises;

(d)

water supplied to the premises is not used for—

(i)

watering a garden, other than by hand, by means of any apparatus; or

(ii)

automatically replenishing a pond, or a swimming pool, with a capacity greater than 10,000 litres; and

(e)

the consumer has applied for assistance and established their entitlement to it in accordance with regulation 4.

Annotations

Commencement

I1: Reg. 2 in force at 1.4.2015, see reg. 1(1)

Footnotes

f1: see section 123(1)(d) of the 1992 Act.
f2: see section 123(1)(a) of the 1992 Act.
f3: 1995 c.18.
f4: 2002 c.16; see section 1(1) of this Act.
f5: 2002 c.21.
f6: see sections 1(1)(a),8,9(2)(b) and (3) of the Tax Credits Act 2002.
f7: see sections 1(1)(b) and 10 of that Act.
f8: 2007 c.5; see section 1 of this Act.
f9: 2012 c.5; see section 3 of this Act.