The Electricity and Gas (Energy Company Obligation) Order 2018

Article 2

SCHEDULE 1 Domestic premises which are social housing

1.  Domestic premises in England and Wales are “social housing” if the premises are let below the market rate and—

(a) the relevant interest in those premises is registered as belonging to a social landlord; or

(b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 1985(1).

2.  Domestic premises in Scotland are “social housing” if the premises are let below the market rate and—

(a) the relevant interest in the premises is registered as belonging to a social landlord; or

(b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987(2), as modified by section 84A of that Act(3).

3.  For the purposes of this Schedule—

(a) in respect of premises in England and Wales, a relevant interest is registered if it is registered in the register of title maintained by Her Majesty’s Land Registry; and

(b) in respect of premises in Scotland, a relevant interest is registered if it is—

(i) registered in the Land Register of Scotland; or

(ii) recorded in the Register of Sasines.

4.  In this Schedule—

“relevant interest” means—

(a)

in respect of premises in England and Wales—

(i)

the freehold estate, unless the whole of the premises have been let under a registered lease; or

(ii)

the leasehold estate, unless the whole of the premises have been further let under a registered lease; and

(b)

in respect of premises in Scotland—

(i)

the owner’s interest or right, unless the whole of the premises have been let under a registered lease; or

(ii)

the lessee’s interest under a lease, unless the whole of the premises have been further let under a registered lease;

“social landlord” means—

(a)

in respect of premises in England—

(i)

a local housing authority, within the meaning of section 1 of the Housing Act 1985(4);

(ii)

a housing association, within the meaning of section 5 of the Housing Act 1985(5);

(iii)

a housing trust, within the meaning of section 6 of the Housing Act 1985; or

(iv)

a charity, within the meaning of section 1 of the Charities Act 2011(6);

(b)

in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 2010(7); and

(c)

in respect of premises in Wales—

(i)

a local housing authority, within the meaning of section 1 of the Housing Act 1985;

(ii)

a housing association, within the meaning of section 5 of the Housing Act 1985;

(iii)

a housing trust, within the meaning of section 6 of the Housing Act 1985;

(iv)

a charity, within the meaning of section 1 of the Charities Act 2011;

(v)

a person listed in section 80(1) of the Housing Act 1985(8); or

(vi)

a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996(9).

Article 14

SCHEDULE 2 Help to heat group eligibility

1.  The benefits referred to in the definition of “help to heat group” in article 14 are—

(a) armed forces independence payment under a scheme established under section 1 of the Armed Forces (Pensions and Compensation) Act 2004(10);

(b) attendance allowance under Part 3 of the 1992 Act(11);

(c) carer’s allowance under Part 3 of the 1992 Act(12);

(d) child benefit under Part 9 of the 1992 Act(13);

(e) child tax credit under section 8 of the Tax Credits Act 2002(14);

(f) constant attendance allowance under—

(i) article 14 of the Personal Injuries (Civilians) Scheme 1983(15), or

(ii) article 8 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006(16);

(g) disability living allowance under Part 3 of the 1992 Act(17);

(h) guarantee credit (and for this purpose “guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002(18));

(i) income-related employment and support allowance within the meaning of section 1 of the Welfare Reform Act 2007(19);

(j) income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995(20);

(k) income support under Part 7 of the 1992 Act(21);

(l) industrial injuries disablement benefit under Part 5 of the 1992 Act(22);

(m) personal independence payment under Part 4 of the Welfare Reform Act 2012(23);

(n) severe disablement allowance under Part 3 of the 1992 Act(24);

(o) universal credit under Part 1 of the Welfare Reform Act 2012(25);

(p) mobility supplement as defined in section 150(2) of the 1992 Act(26);

(q) working tax credit under section 10 of the Tax Credits Act 2002(27).

2.  The condition as to income in paragraph 3 is specified in relation to child benefit.

3.  Where the person claiming child benefit is—

(a) a single claimant, the condition as to income is that the claimant’s annual income from all sources does not exceed the amount set out in the first row of the table in the column corresponding to the number of children or qualifying young persons for whom the claimant is responsible;

(b) a member of a couple, the condition as to income is that the couple’s combined annual income from all sources does not exceed the amount set out in the second row of the table in the column corresponding to the number of children or qualifying young persons for whom at least one member of the couple is responsible.

Table

Type of claimant	Number of children or qualifying young persons
		1	2	3	4 or more
Single claimant	£18,500	£23,000	£27,500	£32,000
Member of a couple	£25,500	£30,000	£34,500	£39,000

4.  For the purposes of paragraph 3, whether a person is responsible for a child or qualifying young person is to be determined in accordance with Part 9 of the 1992 Act(28).

5.  In this Schedule—

“1992 Act” means the Social Security Contributions and Benefits Act 1992(29);

“child” and “qualifying young person” have the same meaning as in Part 9 of the 1992 Act(30);

“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;

“single claimant” means a person who is not a member of a couple.

Article 18

SCHEDULE 3 Requirements for warranties for boiler installations

1.  The requirements referred to in article 18(1)(d)(ii) for a warranty are as follows.

2.  Subject to paragraph 3, the warranty must provide for the rectification, without any charge to a consumer, of all problems which affect the functioning of the boiler or the heating system it serves and which—

(a) relate to its installation or its suitability for the heating system it serves; and

(b) are notified to the person providing the warranty within 1 year of the boiler being installed.

3.  The warranty is not required to provide for the rectification of a problem which—

(a) is covered by a warranty provided by the manufacturer of the boiler; or

(b) arises after the boiler is installed where that problem arises from one or more of—

(i) negligence of a third party;

(ii) accident caused by a third party;

(iii) misuse of the boiler by a third party;

(iv) repair of the boiler by a third party.

4.  In paragraph 3, “third party” means a person other than—

(a) the person who installed the boiler;

(b) the person providing the warranty; or

(c) a person acting on behalf of a person in sub-paragraph (a) or (b).

5.  The warranty must be accompanied by confirmation in writing from an occupier of the domestic premises at which the boiler is installed that, to that person’s knowledge, no consumer has been charged for the warranty.

Articles 27 and 32

SCHEDULE 4 Relevant F or G owner-occupied premises

1.  A qualifying action is installed at domestic premises that are “relevant F or G owner-occupied premises” if—

(a) a relevant local authority has made a statement in writing that, in the opinion of the local authority, the premises are occupied—

(i) by a household living on a low income in a home which cannot be kept warm at a reasonable cost; or

(ii) by a household living on a low income and vulnerable to the effects of living in a cold home;

(b) the premises are owner-occupied premises; and

(c) the condition in paragraph 2 or 3 is met.

2.  The condition in this paragraph is that a post-installation EPC expresses the energy performance rating of the premises as band F or G.

3.  The condition in this paragraph is that—

(a) a pre-installation EPC expresses the energy performance rating of the premises as band F or G; and

(b) an owner or occupier of the premises has confirmed in writing that, to the best of its knowledge and belief, no changes were made to the premises, after the pre-installation EPC was issued and before the qualifying action was installed, which would increase the energy performance rating of the premises to band A, B, C, D or E.

4.  In this Schedule, “relevant local authority” means a local authority that has published, on its website, a statement of intent made in respect of the local authority, and for the purpose of this definition “statement of intent” has the meaning given in article 17(5).

(1)

1985 c.68. Part 5 was amended by section 83 of the Housing Act 1988 (c.50), sections 104, 105, 108 to 120 of, and Schedules 21 and 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedules 16 and 18 to the Government of Wales Act 1998 (c.38), Schedule 5 to the Commonhold and Leasehold Reform Act 2002 (c.15), sections 180 to 190, 192, 193 of, and Schedule 16 to, the Housing Act 2004 (c.34), Schedules 11 and 13 to the Land Registration Act 2002 (c.9), Schedules 19 and 22 to the Localism Act 2011 (c.20), section 100 of, and Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), S.I. 1996/2325 and S.I. 2010/866. There are other amendments which are not relevant.

(2)

1987 c.26. Sections 61 to 84 were amended by sections 3 and 65 of, and Schedules 2, 8, 9 and 10 to, the Housing (Scotland) Act 1988 (c.43), sections 168 and 176 of, and Schedules 11 and 12 to, the Local Government and Housing Act 1989 (c.42), sections 144, 145, 157 of, and Schedule 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), Schedules 13 and 14 to the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 18 to the Government of Wales Act 1998 (c.38), sections 42 to 49, 51 and 108 of, and Schedule 10 to, the Housing (Scotland) Act 2001 (asp 10), Schedule 7 to the Water Industry (Scotland) Act 2002 (asp 3), sections 140 to 144 of the Housing (Scotland) Act 2010 (asp 17), section 113 of the Housing (Scotland) Act 2006 (asp 1) and S.I. 2000/2040. Sections 61 to 81 and 84 are repealed by section 1 of the Housing (Scotland) Act 2014 (asp 14), subject to savings made by S.S.I. 2014/264.

(3)

Section 84A was inserted by section 178 of the Local Government and Housing Act 1989 (c.42). It was amended by paragraph 13 of Schedule 10 to the Housing (Scotland) Act 2001. Section 84A is repealed by section 1 of the Housing (Scotland) Act 2014, subject to savings made by S.S.I. 2014/264.

(4)

Section 1 was amended by Schedule 8 to the Local Government (Wales) Act 1994 (c.19).

(5)

Section 5 was amended by S.I. 1996/2325, S.I. 2010/866 and Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c.14).

(6)

2011 c.25.

(7)

2010 asp 17. There are amendments to section 165 which are not relevant.

(8)

Section 80(1) was amended by section 83 of, and Schedule 18 to, the Housing Act 1988 (c.50), Schedules 16 and 18 to the Government of Wales Act 1998 (c.38), Schedules 19 and 22 to the Localism Act 2011 (c.20), S.I. 2008/3002 and S.I. 2010/866.

(9)

1996 c.52. Chapter 1 of Part 1 was amended by Schedules 16 and 18 to the Government of Wales Act 1998, Schedule 8 to the Charities Act 2006 (c.50), section 61 of, and Schedule 16 to, the Housing and Regeneration Act 2008 (c.17), Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c.14), S.I. 2009/1941 and S.I. 2013/496. There are other amendments which are not relevant.

(10)

2004 c.32. Section 1 was amended by Schedule 8 to the Public Service Pensions Act 2013 (c.25).

(11)

See section 64. That section was amended by section 66 of the Welfare Reform and Pensions Act 1999 (c.30), Schedule 1 to the Pensions Act 2007 (c.22) and Schedules 9 and 14 to the Welfare Reform Act 2012 (c.5).

(12)

See section 70. That section was amended by S.I. 1994/2556, S.I. 2002/1457, S.I. 2011/2426, S.I. 2013/388, S.I. 2013/796 and S.I. 2015/1754.

(13)

See sections 141 and 145A. Section 141 was amended by section 1 of the Child Benefit Act 2005 (c.6). Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c.21) and was amended by Schedule 24 to the Civil Partnership Act 2004 (c.33) and Schedule 1 to the Child Benefit Act 2005.

(14)

2002 c.21. Section 8 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

(15)

S.I. 1983/686. Article 14 was substituted by S.I. 2001/420.

(16)

S.I. 2006/606. Article 8 was amended by S.I. 2006/1455 and S.I. 2009/706.

(17)

See section 71. That section was amended by section 67 of the Welfare Reform and Pensions Act 1999. Disability living allowance under Part 3 of the 1992 Act is prospectively repealed by section 90 of the Welfare Reform Act 2012.

(18)

2002 c.16. Section 2 was amended by Schedule 24 to the Civil Partnership Act 2004.

(19)

2007 c.5. Section 1 was amended by sections 50, 52 and 53 of the Welfare Reform Act 2012. It was also amended by section 54 of, and Schedules 3 and 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 62 of the Welfare Reform Act 2012.

(20)

1995 c.18. Section 1 was amended by Schedules 7 and 13 to the Welfare Reform and Pensions Act 1999, Schedule 24 to the Civil Partnership Act 2004 and Schedule 3 to the Welfare Reform Act 2007 (c.5). It was also amended by sections 44 and 49 of, and Schedule 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 61 of the Welfare Reform Act 2012.

(21)

See section 124. That section was amended by Schedules 2 and 3 to the Jobseekers Act 1995, Schedule 8 to the Welfare Reform and Pensions Act 1999, Schedules 2 and 3 to the State Pension Credit Act 2002, Schedule 24 to the Civil Partnership Act 2004, Schedules 3 and 8 to the Welfare Reform Act 2007, section 3 of the Welfare Reform Act 2009 (c.24) and section 59 of the Welfare Reform Act 2012. Part 7 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

(22)

See section 94(2)(a).

(23)

2012 c.5. See section 77.

(24)

See section 68. That section was repealed by section 65 of the Welfare Reform and Pensions Act 1999. S.I. 2000/2958 made savings relating to those entitled to severe disablement allowance before the repeal was brought into force.

(25)

See section 1.

(26)

Section 150(2) was amended by section 132 of the Pensions Act 1995 (c.26) and Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1). There are other amendments which are not relevant. The mobility supplement defined in that section is known as war pensions mobility supplement.

(27)

Section 10 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

(28)

See section 143. That section was amended by section 72 of the Child Support, Pensions and Social Security Act 2000 (c.19), Schedule 24 to the Civil Partnership Act 2004, Schedules 1 and 2 to the Child Benefit Act 2005, S.I. 2013/1465 and S.I. 2016/413.

(29)

1992 c.4.

(30)

See section 142. That section was amended by section 1 of the Child Benefit Act 2005.