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STATUTORY INSTRUMENTS

2007 No. 375 (W.35)
ENERGY CONSERVATION, WALES
The Home Energy Efficiency Schemes (Wales) Regulations 2007

	Made	13 February 2007
	Coming into force	14 February 2007

The National Assembly for Wales makes the following Regulations in exercise of the power conferred on the Secretary of State by section 15 of the Social Security Act 1990[1], which is now exercisable by the National Assembly in relation to Wales[2]:

Title, commencement and application
     1. —(1) The title of these Regulations is the Home Energy Efficiency Schemes (Wales) Regulations 2007 and they come into force on 14 February 2007.

    (2) These Regulations apply in relation to Wales.

Interpretation
     2. In these Regulations—

"the 1992 Act" ("Deddf 1992") means the Social Security Contributions and Benefits Act 1992[

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Rheoliadau 2000

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asiantaeth ardal

y Cynulliad

cyngor ynni

HEES

HEES a Mwy

cais am grant rhannol

gweithfeydd

cais gweithfeydd

Revocation and Transitional Provisions
     3. —(1) Subject to paragraph (2), the 2000 Regulations are revoked.

    (2) Subject to paragraph (3), the 2000 Regulations continue to apply to any case where an application for a grant was made before 14 February 2007 under those Regulations.

    (3) Where a person has applied for a grant under the 2000 Regulations but the application has not been approved or refused before these Regulations come into force, or if the application has been approved but none of the works have been commenced, the area agency must, at the request of the applicant, treat the application as having been made under these Regulations.

Powers of the Assembly
     4. —(1) The Assembly may appoint one or more person or persons, each such person to be known as an area agency, to perform in relation to Wales or any area of Wales such functions as the Assembly may specify for the purpose of, or otherwise in connection with, the making of grants and arranging for the carrying out of works under HEES and HEES Plus.

    (2) An appointment under paragraph (1) may be terminated by the Assembly.

    (3) In making or arranging for the making of any grant, the Assembly may impose such conditions as it sees fit.

    (4) Where the Assembly has made an arrangement with a person other than the applicant, for financing works in respect of which a grant is payable, it may pay all or part of any grant to that other person.

Persons who may apply for a grant
     5. —(1) A works application for a grant under HEES in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as that person's only or main residence and who, at the time the application is made—

(a) is, or is living with a partner who is, in receipt of a benefit to which paragraph (3) applies, and who is, or is living with a partner who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under 16 years of age; or

(b) is, or is living with a partner who is, in receipt of a benefit to which paragraph (3) applies and who is, or is living with a partner who is, a pregnant woman in respect of whom a maternity certificate (which certificate is provided for in regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976[

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(2) A works application for a grant under HEES Plus in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as that person's only or main residence and who, at the time the application is made—

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(3) This paragraph applies to council tax benefit, housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker's allowance (within the meaning of the Jobseekers Act 1995[9]).

(4) This paragraph applies to—

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(c) disability living allowance (under section 71 of the 1992 Act[12]);

(d) war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992[13] or under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[14] so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917[15] together with—

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(e) council tax benefit, housing benefit and income support (in each case where payment includes a disability premium as provided for in the Housing Benefit Regulations 2006[18], the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[19], the Council Tax Benefit Regulations 2006[20], the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[21], and the Income Support (General) Regulations 1987[22] respectively) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendance allowance).

    (5) A partial grant application may be entertained from a person who has attained, or who is living with a partner who has attained, the age of sixty and who occupies the dwelling as that person's only or main residence and who either owns the freehold of it or has a leasehold interest in it of not less than 21 years.

    (6) In the case of dwellings in multiple occupation, the area agency is to determine the number of eligible householders in the dwelling which is the subject of an application. If the number of eligible householders exceeds 50% of the total number of householders in the dwelling, an application in respect of the dwelling may be entertained.

    (7) For the purposes of this Regulation—

deiliad

rhiant unigol

partner

incwm perthnasol

tenant

Purposes for which a grant may be approved
6. —(1) An application for a grant may be approved for one or more of the following purposes—

(a) to provide insulation in any accessible roof space in the dwelling, including the insulation of any cold water tank and any water pipe in such a space;

(b) to provide insulation between the internal and external leaves of external cavity walls of the dwelling;

(c) to provide draught proofing to or in the dwelling together with additional means of ventilation for any rooms which would otherwise be inadequately ventilated after such provision;

(d) to provide insulation to any water heating system or accessible hot water pipes associated with the heating system;

(e) to provide gas room convector heaters with thermostat control;

(f) to provide electric storage heaters;

(g) to provide either an electric dual-element immersion heater and a factory-insulated tank or an electric or gas immersion heater within an existing hot water cylinder;

(h) to provide timer controls for electric space and water heaters;

(i) to improve the energy efficiency of, or replace any part of, or repair any space or water heating system installed in the dwelling;

(j) to provide a gas, solid fuel or oil central heating system (including systems which generate electricity);

(k) to convert open solid fuel room fires to closed solid fuel room fires;

(l) to provide a central heating system connected to the local community heating grid;

(m) to provide space or water heating systems which use energy from renewable sources; and for these purposes—

"renewable sources" ("ffynonellau adnewyddadwy") means sources of energy other than peat, fossil fuel or nuclear fuel; and

"fossil fuel" ("tanwydd ffosil") means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and "natural gas" and "petroleum products" have the same meanings as in the Energy Act 1976[

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(2) Where an application is approved for one or more of the purposes set out in paragraph (1) a grant may also be approved for the provision of any of the following—

    (3) No application is to be approved unless the dwelling and the subject matter of each category of works mentioned in the application meets such conditions as may be specified from time to time by the area agency with the consent of the Assembly.

    (4) All works must comply with such standards as to materials, workmanship and energy efficiency performance of the subject matter of the works as may be laid down from time to time by the area agency with the consent of the Assembly.

    (5) For the purposes of this Regulation, "roof space" ("gwagle to") means space between the roof of a dwelling and the ceiling of any room used or available for use for the purpose of living accommodation, that space not being wholly separated from the roof by any other room.

Maximum amount of grant
     7. —(1) An area agency may not pay a total amount of grant in respect of a works application under HEES or HEES Plus which exceeds the lower of—