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16.—(1) Subject to sub-paragraph (2), A is not supplied with electricity, gas or fuel—
(a)to the extent that supply is consumed by A for the purposes of domestic accommodation; and
(b)where the conditions in sub-paragraph (4) are satisfied concerning that accommodation.
(2) A is supplied with electricity, gas or fuel in respect of common areas described in sub-paragraph (5)(b) where a decision has been made under sub-paragraph (6) that those common areas are not part of the domestic accommodation.
(3) “Domestic accommodation” means premises or that part of premises intended to be used as a person’s permanent home.
(4) The conditions referred to in sub-paragraph (1)—
(a)the accommodation is not provided in relation to a person’s education, employment or service; and
(b)no services are provided for the care of a person in residence in that accommodation by the person to whom the supply of electricity, gas or fuel is made.
(5) Where common areas of premises are used in relation to domestic accommodation and the premises are used—
(a)solely for domestic accommodation; or
(b)partly for domestic accommodation,
the common areas are part of that accommodation.
(6) A may decide that the common areas where sub-paragraph (5)(b) applies are not part of the domestic accommodation.
(7) A decision made under sub-paragraph (6)—
(a)may be made in respect of—
(i)the supply in the qualification year of a phase and where so made, applies to the phase;
(ii)a phase where it was not made in respect of the qualification year, where such a decision is made on or before the participant submits its footprint report;
(b)must not be altered during the phase.
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