The Warm Home Discount (Scotland) Regulations 2026

SCHEDULE 1 Core group

Regulation 9(2) Interpretation 1 (1) In this Schedule— “income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under section 1 of the Jobseekers Act 1995; “income-related employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007, entitlement to which is based on section 1(2)(b) of that Act; “income support” means income support under Part 7 of the Social Security Contributions and Benefits Act 1992; “state pension credit” means state pension credit under the State Pension Credit Act 2002; “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012. (2) A person (“P”) in receipt of a benefit mentioned in any of paragraphs 3 to 6, or treated as entitled to a benefit mentioned in paragraph 7(3)(a), is not to be treated as “responsible” for a child for the purposes of this Schedule unless P is treated as responsible for the child in accordance with the rules of the benefit in question. (3) Where a person (“P”) is in receipt of, or treated as entitled to, income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, a child is not to be treated as normally living with P for the purposes of this Schedule unless P and the child are members of the same household, determined in accordance with the rules of the benefit in question. Eligibility based on receipt of state pension credit 2 A person in receipt of state pension credit is within the core group. Eligibility based on receipt of universal credit, etc. 3 (1) A person in receipt of universal credit is within the core group if Condition A or B is satisfied. (2) Condition A is that the person’s award of universal credit includes an additional amount under section 10(2) of the Welfare Reform Act 2012 (child or qualifying young person who is disabled). (3) Condition B is that— (a) the person is not— (i) in employment under a contract of service or in an office (including elective office); or (ii) in gainful self-employment (as defined in regulation 64 of the Universal Credit Regulations 2013); and (b) either— (i) the person is responsible for a child under the age of 5 who normally lives with the person; or (ii) the person has limited capability for work or limited capability for work and work-related activity for the purposes of the Universal Credit Regulations 2013 (see regulations 39 and 40). Eligibility based on receipt of income support, etc. 4 (1) A person in receipt of income support is within the core group if Condition A or B is satisfied. (2) Condition A is that the person is responsible for a child under the age of 5 who normally lives with the person. (3) Condition B is that the person’s income support includes any of the following premiums specified in Schedule 2 to the Income Support (General) Regulations 1987— (a) pensioner premium; (b) higher pensioner premium; (c) disability premium; (d) severe disability premium; (e) enhanced disability premium; (f) disabled child premium. Eligibility based on receipt of income-based jobseeker’s allowance, etc. 5 (1) A person in receipt of an income-based jobseeker’s allowance is within the core group if Condition A or B is satisfied. (2) Condition A is that the person is responsible for a child under the age of 5 who normally lives with the person. (3) Condition B is that the person’s income-based jobseeker’s allowance includes any of the following premiums specified in Schedule 1 to the Jobseeker’s Allowance Regulations 1996— (a) pensioner premium; (b) higher pensioner premium; (c) disability premium; (d) severe disability premium; (e) enhanced disability premium; (f) disabled child premium. Eligibility based on receipt of income-related employment and support allowance, etc. 6 (1) A person in receipt of an income-related employment and support allowance is within the core group if any of Conditions A to D is satisfied. (2) Condition A is that the person is responsible for a child under the age of 5 who normally lives with the person. (3) Condition B is that the person’s income-related employment and support allowance includes any of the following premiums specified in Schedule 4 to the Employment and Support Allowance Regulations 2008— (a) pensioner premium; (b) severe disability premium; (c) enhanced disability premium. (4) Condition C is that the person has, or is treated as having, limited capability for work under Part 5 of those Regulations other than by virtue of regulation 30 of those Regulations. (5) Condition D is that the person has, or is treated as having, limited capability for work-related activity under Part 6 of those Regulations. Eligibility based on receipt of loan payments under Loans for Mortgage Interest Regulations 2017, etc. 7 (1) A person to, or in respect of whom, loan payments under the Loans for Mortgage Interest Regulations 2017 (the “2017 Regulations”) are made is within the core group if Condition A or B is satisfied. (2) Condition A is that the loan payments are made by virtue of the person being treated as entitled to state pension credit for the purposes of the 2017 Regulations. (3) Condition B is that— (a) the loan payments are made by virtue of the person being treated as entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance for the purposes of the 2017 Regulations; and (b) either— (i) the person is responsible for a child under the age of 5 who normally lives with the person; or (ii) if the person had been entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, the income support or the allowance would have included any of the premiums mentioned in paragraph 4(3) or, as the case may be, 5(3) or 6(3).