Source: Office of Public Sector Information
The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2006 SI 1953
These Regulations amend the Home Energy Efficiency (England) Regulations 2005.
Regulation 2(2) increases the qualifying cut-off point in relevant income for households in receipt of Child Tax Credit or Working tax Credit from £15,050 to 15,460.
Regulation 2(4) extends the category of applicants who may apply for a grant to householders who have attained, or are living with a partner who has attained, the age of 60 and who do not otherwise qualify for a grant.
Regulation 2(5) makes amendments to reflect that the Civil Partnership Act 2004 is now in force.
Regulation 2(7) provides that householders who qualify under the newly introduced category of applicants can receive a grant for the purpose of the provision or replacement of, or improvements to certain heating systems installed in the dwelling. Regulation 2(8) limits that grant to £300.
Mrs A complained that Stafford Borough Council miscalculated her financial contribution in respect of a Disabled Facilities Grant and that this resulted in a delay in implementing a suitable scheme. As a result, her husband remained in residential care considerably longer than necessary and this left him separated from his family. Mrs A said this separation resulted in considerable anxiety for herself and her husband and that it had a particularly negative effect on her young son.
Ombudsman Jerry Wight found that the Council's original financial assessment, based on both Mr and Mrs A's income, was incorrect and that this was maladministration.
Mrs A continued to pursue the issue, as it was important for the whole family that Mr A be able to return home. Eventually a further assessment was carried out, based on only Mr A's income. However, the Regulations allow such an assessment to be done if someone is living away from home for more than 52 weeks. The Ombudsman found that the Council's failure to do the correct assessment at the correct time meant Mr A was separated from his family for a year longer than he otherwise needed to be.
In accordance with the Ombudsman's recommendations, the Council has agreed to pay £4,000 to Mr and Mrs A to compensate for the effect this unnecessary separation had on their family. This includes an amount for Mrs A's time and trouble in pursuing the complaint.
Local Government Ombudsman Report No. 05/B/06334