Regulation 2 Special provision to be included in charges schemes

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

reg. 2(2)(a) word omitted by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(a)(i)
reg. 2(2)(a) word substituted by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(a)(i)
reg. 2(2)(b) substituted by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(a)(ii)
reg. 2(5)(d) word omitted by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(b)(i)
reg.2 amended by Water Industry (Charges) (Vulnerable Groups) 2000 reg.2(2)
reg. 2(4)(e) inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 8
reg. 2(4)(a)(v) word omitted by Water Industry (Charges) (Vulnerable Groups) 2003 reg. 2(a)
reg. 2(4)(b) words inserted by Water Industry (Charges) (Vulnerable Groups) 2003 reg. 2(b)
reg. 2(6) added by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(c)
reg. 2(5)(e)-(g) substituted for reg. 2(5)(e) by Water Industry (Charges) (Vulnerable Groups) 2005 reg. 2(2)(b)(ii)
reg. 2(4)(f) inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 86

(1)

Any charges scheme under section 143 of the Water Industry Act 1991 for a period beginning on or after 1st April 2000 must include special provision for providing assistance in accordance with these Regulations in relation to any premises for any consumer who–

(a)

falls within any class of persons specified in paragraph (2); and

(b)

satisfies the conditions in paragraph (3).

(2)

A consumer falls within a class of persons mentioned in paragraph (1)(a) if he or another person residing with him in the premises (“the qualifying person”) is entitled to receive any of the benefits or tax credits listed in paragraph (4) and either–

(a)

is entitled to receive child benefit under Part IX of the Social Security Contributions and Benefits Act 1992^f1 for three or more dependent children under the age of 16 who reside in the premises; or

(b)

is diagnosed as suffering from, and is receiving treatment for, any of the medical conditions listed in paragraph (5) and as a result of that condition is obliged to use a significant additional volume of water.

(3)

The conditions in this paragraph 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 any other qualifying person each occupies the whole or part of the premises as his 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 his entitlement to it in accordance with regulation 4.

(4)

The benefits and tax credits mentioned in paragraph (2) are–

(a)

under Part VII of the Social Security Contributions and Benefits Act 1992^f2–

(i)

council tax benefit;

(ii)

housing benefit;

(iii)

income support;

(iv)

disabled person’s tax credit^f3;

(v)

working families tax credit; and

(b)

income-based job-seeker’s allowance under section 1(4) of the Jobseekers Act 1995^f4.

(5)

The medical conditions mentioned in paragraph (2)(b) are–

(a)

desquamation;

(b)

weeping skin disease;

(c)

incontinence;

(d)

abdominal stoma; and

(e)

renal failure requiring dialysis at home.

Annotations

Footnotes

f1: 1992 c. 4.
f2: 1992 c. 4.
f3: See section 1 of and Schedule 1 to the Tax Credits Act 1999 (c. 10).
f4: 1995 c. 18; see section 1(4) for the definition of income-based job-seeker’s allowance.