Statutory Instruments
ENERGY CONSERVATION
Made
8th March 1994
Laid before Parliament
9th March 1994
Coming into force
1st April 1994
The Secretary of State, in exercise of the powers conferred by section 15 of the Social Security Act 1990(1) and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:-
1.-(1) These Regulations may be cited as the Home Energy Efficiency Grants (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
(2) In these Regulations, "the principal Regulations" means the Home Energy Efficiency Grants Regulations 1992(2).
2.-(1) The principal Regulations are amended in accordance with the following paragraphs.
(2) For sub-paragraph (b) of regulation 3(1) substitute-
"(b)who at the time of making the application has, or lives with a spouse who has, attained the age of 60 or is, or lives with a spouse who is, in receipt of disability living allowance (as provided for in Part III of the 1992 Act) or council tax benefit, disability working allowance, family credit, housing benefit or income support (each as provided for in Part VII of the 1992 Act).".
(3) At the end of paragraph (2) of regulation 3 insert-
"and
references to the 1992 Act are references to the Social Security Contributions and Benefits Act 1992(3).".
(4) In sub-paragraph (d) of regulation 4(3) for the words "or section 15 of the Act" insert-
"and
state that no payment in respect of the works which are the subject of the application is being applied for or has been made under section 15 of the Act, except where-
the works which were the subject of an application (in this regulation referred to as "the original application") have not been carried out to comply with the standards referred to in regulation 5(2),
the applicant did not in the original application state that he would himself carry out the works, and
the applicant has taken all reasonable steps (which he shall specify) to secure the carrying out of the works in accordance with those standards by the person who was specified in the original application as the person who was to carry out the works.".
(5) After regulation 10 insert-
10A. Grant shall be paid subject to the condition that the grant is to be repaid on demand to the administering agency by the person to whom it was paid where-
(a)the work was not carried out, or
(b)the work carried out did not comply with the standards referred to in regulation 5(2).".
(6) In paragraph (3) of regulation 15 after the word "be" insert "suspended or" and omit the words "with the approval of the Secretary of State".
Signed by authority of the Secretary of State.
Robert Atkins
Minister of State,
Department of the Environment
8th March 1994
We consent,
T F J Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty's Treasury
8th March 1994
(This note is not part of the Regulations)
These Regulations amend the Home Energy Efficiency Grants Regulations 1992 ("the principal Regulations") which provide for the making of grants for the improvement of energy efficiency in dwellings and certain buildings in multiple occupation, and for the administration of the making of grants by administering agencies.
Regulation 3 of the principal Regulations is amended (by regulation 2(2) and (3) of these Regulations) to modify the rules for eligibility of persons to apply for grant. Eligibility is extended to those in receipt of disability living allowance and those who have attained the age of 60.
Regulation 2(4) of these Regulations amends regulation 4 of the principal Regulations to permit an application for grant to be made in certain circumstances even where payment has previously been applied for or made under section 15 of the Social Security Act 1990. Regulation 2(5) of these Regulations inserts a new regulation 10A which makes the payment of grants subject to a condition as to repayment.
Regulation 2(6) of these Regulations amends regulation 15(3) of the principal Regulations to provide for suspension of the registration of a network installer (see regulation 15 of the principal Regulations) and to remove the requirement for the Secretary of State's approval for the termination by the administering agency of the registration of a network installer.
S.I. 1992/483, regulation 3(1)(b) was amended by S.I. 1993/616 (Part II of Schedule 2) to refer to "council tax benefit" in place of "community charge benefit".
1992 c. 4. Section 131 (council tax benefit) was substituted by paragraph 4 of Schedule 9 to the Local Government Finance Act 1992 (c. 14).