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The Electricity and Gas (Energy Company Obligation) Order 2014

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Change 1

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As published

SCHEDULE 1 AFFORDABLE WARMTH GROUP ELIGIBILITY

Article 2 1 The benefits referred to in the definition of affordable warmth group in article 2 are— (a) child tax credit and has a relevant income of £16,010 or less (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002 ); (b) income-related employment and support allowance and— (i) receiving a work-related activity or support component; or (ii) is responsible for a qualifying child; or (iii) is in receipt of a qualifying component; (c) income-based job seeker's allowance and— (i) is responsible for a qualifying child; or (ii) is in receipt of a qualifying component; (d) income support and— (i) is responsible for a qualifying child; or (ii) is in receipt of a qualifying component; (e) state pension credit ; (f) working tax credit and has a relevant income of £16,010 or less and— (i) is responsible for a qualifying child; or (ii) is in receipt of a disability or severe disability element; or (iii) is aged 60 years or over; or (g) universal credit and the condition as to earned income in paragraph 4 is met and— (i) is responsible for a child or qualifying young person as determined under regulation 4 of the Universal Credit Regulations 2013 ; or (ii) has limited capability for work, or limited capability for work and work-related activity, as determined under Part 5 of the Universal Credit Regulations 2013; or (iii) is in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ; or (iv) is in receipt of a personal independence payment under Part 4 of the Welfare Reform Act 2012 . 2 In paragraph 1 “qualifying child” means, in relation to a person in receipt of an allowance in paragraph 1(b) or (c), income support or working tax credit, a child who ordinarily resides with that person and who— (a) is under the age of 16; or (b) is— (i) 16 or over but under the age of 20; and (ii) in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996 ) or approved training (as defined in regulation 2 of the Child Tax Credit Regulations 2002 ). 3 In paragraph 1— (a) “qualifying component” means— (i) child tax credit which includes a disability or severe disability element; (ii) a disabled child premium; (iii) a disability premium, enhanced disability premium or severe disability premium; or (iv) a pensioner premium, higher pensioner premium or enhanced pensioner premium; (b) whether a person is responsible for a qualifying child is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 2002 . 4 (1) Where the award of universal credit is— (a) to a single claimant, the condition as to earned income is that, in any of the twelve preceding assessment periods, the claimant has received earned income which does not exceed £1,250; or (b) to joint claimants, the condition as to earned income is that, in any of the twelve preceding assessment periods, the combined earned income received by the claimants does not exceed £1,250. (2) In this paragraph— (a) “assessment period”; (b) “earned income”; (c) “joint claimants”; and (d) “single claimant”, are to be interpreted in accordance with the Welfare Reform Act 2012 and any subordinate legislation made under that Act.

Your change, as a redline

SCHEDULE 1 AFFORDABLE WARMTH GROUP ELIGIBILITY

Article 2 1 The benefits referred to in the definition of affordable warmth group in article 2 are— (a) child tax credit and has a relevant income of £16,010 or less (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002 ); (b) income-related employment and support allowance and— (i) receiving a work-related activity or support component; or (ii) is responsible for a qualifying child; or (iii) is in receipt of a qualifying component; (c) income-based job seeker's allowance and— (i) is responsible for a qualifying child; or (ii) is in receipt of a qualifying component; (d) income support and— (i) is responsible for a qualifying child; or (ii) is in receipt of a qualifying component; (e) state pension credit ; (f) working tax credit and has a relevant income of £16,010 or less and— (i) is responsible for a qualifying child; or (ii) is in receipt of a disability or severe disability element; or (iii) is aged 60 years or over; or (g) universal credit and the condition as to earned income in paragraph 4 is met and— (i) is responsible for a child or qualifying young person as determined under regulation 4 of the Universal Credit Regulations 2013 ; or (ii) has limited capability for work, or limited capability for work and work-related activity, as determined under Part 5 of the Universal Credit Regulations 2013; or (iii) is in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ; or (iv) is in receipt of a personal independence payment under Part 4 of the Welfare Reform Act 2012 . 2 In paragraph 1 “qualifying child” means, in relation to a person in receipt of an allowance in paragraph 1(b) or (c), income support or working tax credit, a child who ordinarily resides with that person and who— (a) is under the age of 16; or (b) is— (i) 16 or over but under the age of 20; and (ii) in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996 ) or approved training (as defined in regulation 2 of the Child Tax Credit Regulations 2002 ). 3 In paragraph 1— (a) “qualifying component” means— (i) child tax credit which includes a disability or severe disability element; (ii) a disabled child premium; (iii) a disability premium, enhanced disability premium or severe disability premium; or (iv) a pensioner premium, higher pensioner premium or enhanced pensioner premium; (b) whether a person is responsible for a qualifying child is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 2002 . 4 (1) Where the award of universal credit is— (a) to a single claimant, the condition as to earned income is that, in any of the twelve preceding assessment periods, the claimant has received earned income which does not exceed £1,250; or (b) to joint claimants, the condition as to earned income is that, in any of the twelve preceding assessment periods, the combined earned income received by the claimants does not exceed £1,250. (2) In this paragraph— (a) “assessment period”; (b) “earned income”; (c) “joint claimants”; and (d) “single claimant”, are to be interpreted in accordance with the Welfare Reform Act 2012 and any subordinate legislation made under that Act.

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