The Warm Home Discount (England and Wales) Regulations 2026
These Statutory Instruments continue the Warm Home Discount Scheme in England and Wales until March 31, 2031, re-enacting and amending provisions from the 2022 Regulations to combat fuel poverty.
The scheme mandates obligations on energy suppliers, primarily through a core spending obligation requiring the provision of a £150 prescribed rebate to eligible 'core group customers' identified by the Secretary of State, and a non-core spending obligation covering industry initiatives like energy efficiency improvements, advice provision, and debt write-off, all administered and enforced by the Gas and Electricity Markets Authority (the Authority).
Arguments For
Ensures continued financial assistance (£150 prescribed rebate) for vulnerable domestic customers in England and Wales to reduce fuel poverty through the continuation of the established Scheme until March 2031.
Establishes clear, measurable obligations for energy suppliers (core and non-core spending) based on customer numbers and sets out specific funding amounts for broader efficiency and debt relief measures (non-core spending).
Provides detailed administrative frameworks, including definitions for eligibility, supplier categorization (compulsory/voluntary), notification timelines, and oversight by the Secretary of State and the Authority (Ofgem), promoting consistency and enforcement.
Includes provisions for suppliers who cease participation, ensuring continuity of communication about the Scheme's status to their former eligible customers.
Incorporates modern safeguards by addressing data handling (Digital Economy Act 2017, GDPR compliance via consultation) and requiring advice on smart meters alongside efficiency measures.
Arguments Against
The mechanism defining the 'obligation percentage' in calculating non-core spending (Regulation 20(2)) involves complex, partially inferred formulas based on customer numbers across electricity, gas, and connected suppliers, potentially creating complexity and disputes in allocation.
The regulations impose significant administrative and reporting burdens on scheme suppliers regarding customer data disclosure, notification timelines, and tracking spending against specific caps for different initiatives (e.g., debt write-off, boiler installation).
Suppliers who opt into the scheme voluntarily (voluntary scheme electricity suppliers) are subject to obligations in Part 3, potentially linking them to liabilities without the immediate scale that defines 'compulsory' suppliers.
The financial targets for aggregate non-core spending (Regulation 18) are fixed amounts (£78m to £84m) for specified years (Scheme Years 16 to 20), which may not adequately adjust for inflation or unexpected increases in energy poverty levels during that period.
Provisions related to adjustments based on previous scheme year performance (Regulations 21 and 22) aim for balancing but rely heavily on accurate prior determinations by the Authority, introducing lagged accountability.
S T A T U T O R Y I N S T R U M E N T S
2026 No. 389
ELECTRICITY, ENGLAND AND WALES
GAS, ENGLAND AND WALES
The Warm Home Discount (England and Wales) Regulations 2026
27th March 2026
- [...]
( a ) 2010 c. 27. Section 9 was amended by section 58(2) of the Scotland Act 2016 (c. 11) and section 31(6) was amended by section 58(7) of that Act.
( b ) See section 14(3) of the Energy Act 2010 for the requirement for the Treasury's consent.
In accordance with section 14(1) of the Act, the Secretary of State has consulted the Gas and Electricity Markets Authority, licensed electricity suppliers, licensed gas suppliers and such other persons as the Secretary of State thinks appropriate.
In accordance with Article 36(4) of Regulation (EU) 2016/679 of the European Parliament and of the Council( a ), the Secretary of State has consulted the Information Commissioner during the preparation of the proposal for these Regulations.
In accordance with section 31(2) of the Act, a draft of this instrument has been laid before and approved by resolution of each House of Parliament.
This provides the formal citation details for the Statutory Instrument: The Warm Home Discount (England and Wales) Regulations 2026, numbered 389, enacted on March 27, 2026, and coming into force on April 1, 2026.
It confirms the Secretary of State made these regulations using powers from the Energy Act 2010, with the consent of the Treasury.
Furthermore, it confirms mandatory consultation occurred with the Gas and Electricity Markets Authority (the Authority), licensed suppliers, and, regarding data protection, the Information Commissioner, before Parliament approved the instrument.
PART 1
Introductory
Citation, commencement and extent
- -(1) These Regulations may be cited as the Warm Home Discount (England and Wales) Regulations 2026.
(2) These Regulations come into force on 1st April 2026.
(3) This regulation and regulation 33 extend to England and Wales and Scotland.
(4) Otherwise, these Regulations extend to England and Wales only.
The first regulation formally cites these Regulations as the Warm Home Discount (England and Wales) Regulations 2026.
They become legally effective on April 1, 2026.
Importantly, the rules regarding citation and the amendment of the 2011 Regulations (Regulation 33) apply across England, Wales, and Scotland, but the majority of the substantive regulations only apply to England and Wales.
Meaning of 'E&W domestic customer', 'GB domestic customer' and 'partner'
- -(1) This regulation defines 'E&W domestic customer', 'GB domestic customer' and 'partner' and makes related provision for the purposes of these Regulations.
(2) 'E&W domestic customer' means an owner or occupier of domestic premises in England or Wales, who is supplied with electricity or gas at those premises wholly or mainly for domestic purposes.
(3) 'GB domestic customer' means an owner or occupier of domestic premises in England, Wales or Scotland, who is supplied with electricity or gas at those premises wholly or mainly for domestic purposes.
(4) For the purposes of these Regulations, where-
- (a) an individual ('I') is an owner or occupier of domestic premises at which electricity or gas is supplied wholly or mainly for domestic purposes, and
- (b) because I lacks the necessary capacity to arrange that supply, the electricity or gas is supplied at those premises to another person ('A') who is not I's partner (whether or not A is also an owner or occupier of those premises),
I is to be treated as the person who is supplied with electricity or gas at those premises.
(5) For the purposes of these Regulations, an individual is the partner of another individual if-
(a) they are married to, or civil partners of, each other and are members of the same household, or
(b) they are not married to, or civil partners of, each other but live together as if they were spouses or civil partners.
(6) Paragraph (7) applies if an individual ('I') is staying in hospital, or residing in a care home or hospice, but would normally-
- (a) occupy the premises at which I is supplied, or treated as supplied, with electricity or gas as their sole or main residence, or
- (b) be a member of the same household as their spouse or civil partner, or live together with another person as if they were spouses or civil partners.
(7) Where this paragraph applies, I is to be treated for the purposes of these Regulations as continuing to occupy the relevant premises as their sole or main residence, be a member of the relevant household or live together with the relevant person (as the case may be) if-
- (a) where I is staying in hospital, the duration of I's stay has not exceeded 52 weeks from the date on which I was admitted;
- (b) where I is residing in a care home or hospice, I's residence there is temporary.
(8) For the purposes of paragraphs (6) and (7)-
- (a) it does not matter whether the person's stay in hospital, or residence in a care home or hospice, began before the start of the relevant scheme year;
- (b) 'care home' means-
- (i) an establishment in England that is a care home within the meaning of section 3 of the Care Standards Act 2000( a );
- (ii) a place in Wales at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016( b ) is provided wholly or mainly to persons over the age of 18;
- (iii) accommodation that is provided as a care home service within the meaning of paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010( c );
- (iv) an establishment in Northern Ireland that is a residential care home, or a nursing home, for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003( d );
- (c) 'hospice' means an institution in the United Kingdom whose primary function is the provision of palliative care to persons resident there who are suffering from a progressive disease in its final stages.
This regulation establishes key definitions for customer types.
An 'E&W domestic customer' is someone in England or Wales receiving fuel primarily for domestic use.
A 'GB domestic customer' includes those in England, Wales, or Scotland.
It also outlines circumstances where an individual lacking capacity but being supplied via another person (A) is still considered the customer, and defines 'partner' based on marriage, civil partnership, or living together as such.
Crucially, it allows an individual temporarily in a hospital, care home, or hospice (up to 52 weeks for hospital stays) to retain their status as occupying their sole or main residence for the Scheme's purposes.
Interpretation: general
- -(1) In these Regulations-
'the 2022 Regulations' means the Warm Home Discount (England and Wales) Regulations 2022( e );
'aggregate non-core spending obligation' is to be read in accordance with regulation 18;
'central heating system' means a system-
( a ) which provides heat for the purposes of space heating through a boiler or other heat source connected to one or more separate heat emitters, and
- (b) where the heat source and heat emitters are all situated in the same domestic premises or building;
'the commencement day' means the day on which these Regulations come into force;
'compulsory scheme electricity supplier', other than in regulation 20(5)(a), has the meaning given in regulation 6(2);
'core group customer' has the meaning given in regulation 11(2);
'debt write-off' means the provision of assistance to reduce debts for electricity or gas supply to domestic premises by cancelling or reducing the debts;
'E&W domestic customer' has the meaning given in regulation 2(2);
'electricity supply licence' means a licence granted under section 6(1)(d) of the Electricity Act 1989( a );
'eligibility statement' has the meaning given in regulation 10(2);
'energy advice' means advice on reducing or preventing the wastage of energy in domestic premises;
'gas supply licence' means a licence granted under section 7A(1) of the Gas Act 1986( b );
'GB domestic customer' has the meaning given in regulation 2(3);
'group of companies' means a holding company and its wholly-owned subsidiaries, where 'holding company' and 'wholly-owned subsidiary' have the meanings given by section 1159 of the Companies Act 2006( c );
'industry initiative' has the meaning given in regulation 24(1);
'late rebate notice' has the meaning given in regulation 12(2);
'non-core spending obligation' is to be read, other than in regulation 21(2)(b), in accordance with regulation 20;
'partner' has the meaning given in regulation 2(5);
'prescribed rebate' means a rebate of £150;
'the Scheme' has the meaning given in regulation 4;
'scheme electricity supplier' means-
- (a) a compulsory scheme electricity supplier, or
- (b) a voluntary scheme electricity supplier;
'scheme gas supplier' has the meaning given in regulation 6(7);
'scheme year', other than in the expression 'scheme year 15' and subject to regulation 12(8)(a), means-
(a) the period beginning with the commencement day and ending with 31st March 2027 ('scheme year 16'), or
(b) a period of 12 months beginning with 1st April in any of the years from 2027 to 2030 (and 'scheme year' followed by a number from 17 to 20 means the scheme year beginning in 2027, 2028, 2029 or 2030 respectively);
'scheme year 15' has the meaning given in regulation 3(1) of the 2022 Regulations;
'smart meter advice' means advice on the benefits of using a smart meter in domestic premises;
'standard rebate notice' has the meaning given in regulation 9(1)(a);
'voluntary scheme electricity supplier' has the meaning given in regulation 6(5);
'working day' means a day other than-
- (a) a Saturday or a Sunday,
- (b) Christmas Day or Good Friday, or
- (c) a day which is a bank holiday under section 1 of the Banking and Financial Dealings Act 1971( a ) in England and Wales.
(2) For the purposes of these Regulations, a licensed supplier( b ) is connected to another licensed supplier if they both belong to the same group of companies.
This general interpretation section defines many core terms used throughout the Regulations.
Key terms include 'prescribed rebate' set at £150, 'scheme year' redefined running from April 1, 2026, to March 31, 2027 (Scheme Year 16) and subsequent years until 2030/2031.
It distinguishes between 'compulsory' and 'voluntary' electricity suppliers.
Supplier connection is defined by belonging to the same 'group of companies,' which is crucial for calculating non-core spending obligations.
PART 2
The Scheme: introductory
Warm Home Discount Scheme for England and Wales
- -(1) These Regulations make provision for the further continuation, in England and Wales, of the scheme for reducing fuel poverty ('the Scheme') established by the Warm Home Discount Regulations 2011( c ) and continued by the 2022 Regulations.
(2) The Scheme, as continued by these Regulations-
- (a) is to be known as the Warm Home Discount (England and Wales) Scheme, and
- (b) has effect during the period beginning with the commencement day and ending with 31st March 2031 ('the scheme period').
(3) The following duties and powers continue to apply after the end of the scheme period-
- (a) the duties of scheme suppliers( d ) under regulations 11, 12(4) and (7), 14(5) to (8) and 30(3);
- (b) the duties and powers of the Secretary of State under regulations 12(2), 13, 15 and 16;
- (c) the duties and powers of the Authority( e ) under regulations 30 and 31(1) and (2).
This provision officially continues the fuel poverty reduction scheme in England and Wales under these 2026 Regulations, building upon previous instruments (2011 and 2022 Regulations).
The scheme will run until March 31, 2031.
Furthermore, certain administrative duties for suppliers, the Secretary of State, and the Authority persist beyond the official scheme period end date, ensuring residual compliance and oversight functions can be completed.
Calculation of a relevant supplier's number of GB domestic customers on preceding 31st December
- -(1) A relevant supplier must notify the Authority of the number of the supplier's GB domestic customers on the preceding 31st December on or before-
(a) the 21st day after the commencement day;
(b) 1st February, in 2027, 2028, 2029, 2030 and 2031.
(2) In this regulation 'relevant supplier' means-
- (a) a licensed electricity supplier( a ), or
- (b) a licensed gas supplier( b ) who, on the preceding 31st December, was connected to a licensed electricity supplier.
(3) If a relevant supplier does not notify the Authority in accordance with paragraph (1), the Authority must determine the supplier's number of GB domestic customers on the preceding 31st December.
(4) But if-
- (a) before the commencement day, a relevant supplier has notified the Authority of the number of that supplier's GB domestic customers on 31st December 2025 (the 'original notification'), and
- (b) the relevant supplier does not notify the Authority in accordance with paragraph (1)(a) of a change in the number of that supplier's GB domestic customers,
the Authority must treat the original notification as the relevant supplier's notification under paragraph (1)(a).
(5) For the purposes of paragraphs (1) to (4), a relevant supplier's number of GB domestic customers on the preceding 31st December is the number of GB domestic customers to whom the supplier supplies-
- (a) electricity (other than as part of the supply of dual fuel),
- (b) gas (other than as part of the supply of dual fuel), and
- (c) dual fuel,
on that date.
(6) For the purposes of paragraph (5)-
- (a) 'dual fuel' means electricity and gas, where both are supplied to a GB domestic customer at the same domestic premises by a person who is both a licensed electricity supplier and a licensed gas supplier;
- (b) a supply of dual fuel to a GB domestic customer is to be treated as a supply to two GB domestic customers.
(7) For the purposes of the remaining provisions of these Regulations, a reference to a supplier's number of GB domestic customers is a reference to the supplier's number of GB domestic customers as notified, or treated as notified, under paragraph (1) or, as the case may be, determined under paragraph (3).
Relevant suppliers, which include electricity suppliers or gas suppliers connected to an electricity supplier, must report their total number of GB domestic customers as of December 31st to the Authority by specific deadlines after the commencement day and annually on February 1st thereafter.
If a supplier fails to report, the Authority calculates the number itself, using any initial 2025 figures unless updated.
A dual fuel supply to one premise counts as two GB domestic customers for calculation purposes.
Licensed suppliers who are scheme suppliers
- -(1) This regulation sets out the licensed suppliers who are scheme suppliers in relation to a scheme year.
(2) A licensed electricity supplier is a compulsory scheme electricity supplier in relation to a scheme year if the supplier-
- (a) supplied electricity to GB domestic customers on 31st December preceding the start of the scheme year, and
- (b) satisfies the condition in paragraph (3) or (4) (or both).
(3) The condition in this paragraph is that the supplier had at least 1,000 GB domestic customers on 31st December preceding the start of the scheme year.
(4) The condition in this paragraph is that-
- (a) the supplier, and
- (b) any licensed suppliers who were connected to the supplier on 31st December preceding the start of the scheme year,
together had at least 1,000 GB domestic customers on that date.
(5) A licensed electricity supplier is a voluntary scheme electricity supplier in relation to a scheme year if-
- (a) the supplier is not a compulsory scheme electricity supplier, but notifies the Authority on or before the notification date that it wishes Part 3 of these Regulations to apply to the supplier in the scheme year, and
- (b) the Authority approves that notification.
(6) For the purposes of paragraph (5) 'the notification date' means-
- (a) in relation to scheme year 16, the 21st day after the commencement day;
- (b) in relation to any other scheme year, 1st February preceding the start of the scheme year.
(7) A licensed gas supplier is a scheme gas supplier in relation to a scheme year if the supplier-
- (a) supplied gas to GB domestic customers on 31st December preceding the start of the scheme year, and
- (b) was on that date connected to a licensed electricity supplier who is, in relation to the scheme year, a scheme electricity supplier.
This section categorizes suppliers for the scheme year.
A supplier is a 'compulsory scheme electricity supplier' if it supplied electricity to GB domestic customers and either served 1,000+ such customers individually or as part of a connected group.
Suppliers not meeting the compulsory threshold can elect to participate in Part 3 (rebates) as a 'voluntary scheme electricity supplier' upon notification and Authority approval.
Scheme gas suppliers are defined by supplying gas to GB domestic customers and being connected to an electricity supplier participating in the scheme.
Suppliers not participating in the scheme in a scheme year
- -(1) This regulation applies to a licensed electricity supplier in a scheme year ('the current year') if the supplier-
- (a) is not a scheme electricity supplier in relation to the current year, but
- (b) was-
- (i) where the current year is scheme year 16, an SY15 supplier, or
- (ii) in any other case, a scheme electricity supplier in relation to the scheme year preceding the current year.
(2) A licensed electricity supplier to whom this regulation applies must-
- (a) place a statement on its website that it is not participating in the Scheme in the current year, and
- (b) notify its former core group customers in writing that it is not participating in the Scheme in the current year.
(3) The statement under paragraph (2)(a) must-
- (a) be placed in a prominent and publicly accessible location on the licensed electricity supplier's website on or before the relevant date, and
- (b) remain in a prominent and publicly accessible location on that website for the remainder of the current year.
(4) The notification under paragraph (2)(b) must, so far as reasonably practicable, be given on or before the relevant date.
(5) In this regulation-
'former core group customer', in relation to a supplier, means a person who-
- (a) is an E&W domestic customer of the supplier, and
- (b) was-
- (i) where the current year is scheme year 16, an SY15 customer of the supplier, or
- (ii) otherwise, a core group customer in the scheme year preceding the current year;
'the relevant date' means the date falling one month after the date on which the current year starts;
'SY15 customer', in relation to an SY15 supplier, means a person who was a core group customer (within the meaning given in regulation 10(2) of the 2022 Regulations) of that supplier in scheme year 15;
'SY15 supplier' means a person who was a scheme electricity supplier (within the meaning given in regulation 3(1) of the 2022 Regulations) in relation to scheme year 15.
This regulation sets out notification duties for electricity suppliers who participated in the Scheme in the previous year but do not qualify or opt-in for the current scheme year.
Such suppliers must publicly state on their website and notify their former core group customers in writing (by the 'relevant date,' one month after the new scheme year starts) that they are no longer participating.
This ensures customers dependent on the assistance are informed of the change in supplier status.
PART 3
The Core Spending Obligation
Aggregate core spending estimate
- -(1) The Secretary of State must estimate and notify the Authority of the aggregate amount of prescribed rebates (if any) to be provided by scheme electricity suppliers under this Part ('the aggregate core spending estimate') in a scheme year on or before-
- (a) in relation to scheme year 16, the 21st day after the commencement day;
- (b) in relation to any other scheme year, 10th February preceding the start of the scheme year.
(2) The Secretary of State must update the aggregate core spending estimate for each scheme year and notify the Authority of the updated estimate on or before 10th August of the scheme year.
The Secretary of State must calculate and inform the Authority of the total estimated cost ('aggregate core spending estimate') for all prescribed £150 rebates each scheme year by specific deadlines (early for Year 16, February 10th subsequently).
This estimate must also be updated and re-notified to the Authority by August 10th of the relevant scheme year.
Determination of scheme customers by the Secretary of State
- -(1) The Secretary of State must, in each scheme year and subject to the provisions of this regulation-
- (a) specify in a notice (a 'standard rebate notice') persons to whom a scheme electricity supplier must provide the prescribed rebate in accordance with regulation 11, and
- (b) give the notice to the supplier.
(2) A person ('P') must be specified in a notice for a scheme electricity supplier if it appears to the Secretary of State that-
- (a) P is an E&W domestic customer of the supplier,
- (b) the premises at which P is supplied, or is treated as supplied, with electricity ('the qualifying premises') are occupied by P as their sole or main residence, and
- (c) P, or, where both P and P's partner occupy the qualifying premises as their sole or main residence, P or P's partner meets the criteria described in the eligibility statement for the scheme year.
(3) The Secretary of State may give a scheme electricity supplier more than one standard rebate notice in a scheme year.
(4) A standard rebate notice may not be given-
- (a) before the eligibility statement for the scheme year in which the notice is to be given is published (see regulation 10);
- (b) in scheme year 20, after 1st March 2031.
(5) A standard rebate notice containing personal information (within the meaning of section 40(5) of the Digital Economy Act 2017( a )) may only be given if-
- (a) the personal information is given with the consent of the person to whom it relates,
- (b) regulations are in force under section 142 of the Pensions Act 2008( b ) and those regulations authorise the Secretary of State to provide the supplier with the personal information contained in the notice, or
- (c) the Secretary of State is authorised by section 36 of the Digital Economy Act 2017( c ) to provide the supplier with the personal information contained in the notice.
The Secretary of State identifies eligible customers by issuing 'standard rebate notices' to suppliers, identifying customers who are E&W domestic customers, occupy the premises as their main residence, and meet the published eligibility criteria (Regulation 10).
Notice issuance is conditional on the eligibility statement being published and stops after March 1st in the final scheme year (2030).
If a notice contains personal data, disclosure to the supplier requires customer consent, explicit authorization via Pensions Act regulations, or authorization under the Digital Economy Act 2017.
Eligibility statement
- -(1) The Secretary of State must publish an eligibility statement for each scheme year.
(2) An 'eligibility statement' is a document which describes the criteria adopted by the Secretary of State for the purpose of providing the prescribed rebate in a scheme year to persons living in fuel poverty( d ) or in a fuel poverty risk group( e ).
(3) An eligibility statement-
- (a) may be for one or more scheme years;
- (b) must state which scheme year or years it is for.
(4) The Secretary of State may amend an eligibility statement for-
- (a) a scheme year, or
- (b) where a statement is for more than one scheme year, any or all of those scheme years.
(5) The Secretary of State must publish the amended eligibility statement.
For every scheme year, the Secretary of State must publish an 'eligibility statement.' This document details the specific criteria used to identify individuals who qualify for the £150 rebate based on living in fuel poverty or belonging to a fuel poverty risk group.
These statements can cover one or multiple years, and the Secretary of State retains the power to amend and republish them as necessary.
Provision of rebate to core group customers
- -(1) A scheme electricity supplier who is given a standard rebate notice must provide the prescribed rebate to each core group customer.
(2) In these Regulations 'core group customer', in relation to a scheme electricity supplier, means a person specified in a standard rebate notice who-
- (a) is an E&W domestic customer of the supplier, or
- (b) was an E&W domestic customer of the supplier, if, during the scheme year in which the notice is given, the supplier has informed the Secretary of State that the person is an E&W domestic customer of the supplier.
(3) The scheme electricity supplier must provide the prescribed rebate to a core group customer by-
- (a) crediting to the customer's electricity account an amount as a result of which the amount (including Value Added Tax) charged to the customer is reduced by the amount of the prescribed rebate,
- (b) following a request by the customer, crediting to the customer's gas account an amount as a result of which the amount (including Value Added Tax) charged to the customer is reduced by the amount of the prescribed rebate,
- (c) tendering payment of the amount of the prescribed rebate to the customer,
- (d) providing a customer who pre-pays for electricity with credit to the amount of the prescribed rebate against the cost (including Value Added Tax) of future electricity use, or
- (e) following a request by a customer who pre-pays for gas, providing the customer with credit to the amount of the prescribed rebate against the cost (including Value Added Tax) of future gas use.
(4) The date on which the prescribed rebate is provided to a core group customer is the date on which the scheme electricity supplier complies with paragraph (3).
(5) If the standard rebate notice is given to the scheme electricity supplier on or before 1st March in a scheme year, the supplier must provide the prescribed rebate to the core group customers specified in the notice on or before 31st March in the scheme year.
(6) If the standard rebate notice is given to the scheme electricity supplier after 1st March in a scheme year-
- (a) the supplier must provide the prescribed rebate to the core group customers specified in the notice before the end of the period of 30 days beginning with the day on which it receives the notice, and
- (b) the prescribed rebate is to be treated as being provided in the scheme year in which the notice is given.
(7) A scheme electricity supplier who provides the prescribed rebate to a core group customer in accordance with this regulation must-
- (a) specify on the customer's bill, or
- (b) otherwise notify the customer in writing,
that the customer has been given a rebate under the Scheme.
Scheme electricity suppliers must provide the £150 prescribed rebate to every identified 'core group customer.' The rebate can be applied as a reduction to an electricity bill, credited to a gas account (if requested), given as a cash tender, or applied as credit to a prepayment meter for electricity or gas (if requested).
Deadlines are strict: notices received on or before March 1st require the rebate to be applied by March 31st of that scheme year; later notices require application within 30 days, but the rebate is still counted for the year the notice was issued.
Late rebate notices
- -(1) This regulation applies if, during a scheme year ('the relevant scheme year'), the Secretary of State is satisfied that-
- (a) the criteria in regulation 9(2)(a) to (c) were met in respect of a person ('P') in the preceding scheme year, but
- (b) P did not receive the prescribed rebate for that scheme year because of an administrative error by a scheme electricity supplier, the Secretary of State or the Authority.
(2) The Secretary of State must, on or before the specified date and subject to paragraph (3), give a notice (a 'late rebate notice') to the relevant scheme electricity supplier specifying P as a person to whom the supplier must provide the prescribed rebate in accordance with paragraph (4).
(4) A scheme electricity supplier who is given a late rebate notice in respect of P must, if it is the relevant scheme electricity supplier in respect of P, provide the prescribed rebate to P-
- (a) using a method listed in regulation 11(3)(a) to (e), and
- (b) before the end of the period of 30 days beginning with the day on which it receives the late rebate notice.
(6) If the prescribed rebate is provided after the end of the relevant scheme year, it is to be treated as being provided in the relevant scheme year.
This addresses cases where a customer ('P') was eligible in the previous scheme year but missed their rebate due to an official error.
The Secretary of State can issue a 'late rebate notice' which requires the relevant supplier to issue the £150 rebate within 30 days of receipt.
If the rebate is paid after the scheme year ends, it is still treated as having been provided in the year it was missed.
Exceptions
- -(1) This regulation applies if the Secretary of State is satisfied that it would not be reasonably practicable for a scheme electricity supplier to provide the prescribed rebate to a core group customer.
(2) The Secretary of State may determine that regulation 11(1) or (as the case may be) 12(4) does not apply in respect of that core group customer.
The Secretary of State has the power to exempt a scheme electricity supplier from the obligation to provide a rebate (under standard notice in Regulation 11 or late notice in Regulation 12) if providing that specific rebate is deemed not reasonably practicable.
Provision of information by suppliers
- -(1) The Secretary of State may direct scheme electricity suppliers to provide information to the Secretary of State, or a person providing services to the Secretary of State, about their E&W domestic customers for the purpose of facilitating the exercise of the duty in regulation 9(1) or 12(2).
(2) A direction under paragraph (1)-
(a) must, if given for the purpose of facilitating the exercise of the duty in regulation 9(1), be given to all scheme electricity suppliers to whom information may be disclosed under section 36(1) of the Digital Economy Act 2017;
(b) may only be given if-
(i) regulations are in force under section 142 of the Pensions Act 2008 and those regulations authorise the scheme electricity supplier to disclose to the Secretary of State the information specified in the direction, or
(ii) the scheme electricity supplier is authorised by section 37 of the Digital Economy Act 2017 to disclose to the Secretary of State the information specified in the direction.
(4) A scheme electricity supplier must comply with a direction under paragraph (1).
The Secretary of State can mandate scheme electricity suppliers to supply customer information relevant to issuing standard or late rebate notices.
Such directions must only be issued if the supplier is authorized to disclose the data, either through Pensions Act 2008 regulations, or under specific sections of the Digital Economy Act 2017 (Sections 36 or 37).
Suppliers must comply with these directions.
Provision of information by suppliers about automated decision making
- -(1) The Secretary of State may direct scheme electricity suppliers to provide the information set out in paragraph (2) to each of their customers (if any) who-
- (a) is a core group customer,
- (b) is specified in a standard rebate notice that is given by the Secretary of State to a supplier within a particular period of time, and
- (c) is identified in the standard rebate notice as having been specified in that notice based on the automated processing of data,
before providing the prescribed rebate to the customer.
(2) The information is-
- (a) the fact that the customer is eligible for a rebate under the Scheme;
- (b) the fact that the customer's eligibility has been assessed using automated processing of data, and
- (c) details of where to find the Secretary of State’s privacy notice for the Scheme.
If a core group customer's eligibility was determined through automated data processing, the Secretary of State can direct the electricity supplier to inform that customer before issuing the rebate.
This notification must state the customer is eligible, confirm automated processing was used for assessment, and provide details of the Scheme's privacy notice.
Provision of information by the Secretary of State
- -(1) The Secretary of State must, in respect of each scheme electricity supplier, notify the Authority as soon as reasonably practicable after the end of each scheme year of-
- (a) the number of persons specified in standard rebate notices given to the supplier during the scheme year, and
- (b) the number of those persons in respect of whom the supplier has notified the Secretary of State under regulation 14(5).
(2) The Secretary of State must also, in respect of each scheme electricity supplier, notify the Authority as soon as reasonably practicable after 30th April following the end of each scheme year of-
- (a) the number of persons-
- (i) who were specified in a late rebate notice given to the supplier during the period beginning with the start of the scheme year and ending with 30th April following the end of the scheme year, and
- (ii) in respect of whom regulation 12(1) applied during the scheme year, and
- (b) the number of those persons in respect of whom the supplier has notified the Secretary of State under regulation 14(5).
The Secretary of State has reporting duties to the Authority post-scheme year.
By specific deadlines, the Secretary of State must report the total number of customers listed on standard rebate notices and how many of those customers the supplier later flagged as ineligible or unidentifiable.
Similar reporting is required shortly after April 30th concerning customers listed on late rebate notices.
PART 4
Non-Core Spending
Chapter 1
Calculation etc. of suppliers' non-core spending obligations
Aggregate non-core spending obligation
- The aggregate non-core spending obligation is-
- (a) for scheme year 16, £78 million;
- (b) for scheme year 17, £80 million;
- (c) for scheme year 18, £81 million;
- (d) for scheme year 19, £83 million;
- (e) for scheme year 20, £84 million.
This regulation sets the total mandated spending amount for all compulsory scheme electricity suppliers combined for activities defined in Part 4 (Non-Core Spending).
These fixed aggregate obligations range from £78 million in Scheme Year 16 up to £84 million in Scheme Year 20.
Duty to calculate and adjust, and notify, compulsory scheme electricity suppliers' non-core spending obligations
- -(1) The Authority must-
- (a) calculate, in accordance with regulation 20, the non-core spending obligation for each compulsory scheme electricity supplier for each scheme year, and
- (b) adjust each supplier's non-core spending obligation for a scheme year in accordance with-
- (i) in relation to scheme year 16, regulation 21;
- (ii) in relation to any other scheme year, regulation 22.
(2) The Authority must notify each compulsory scheme electricity supplier-
- (a) of its non-core spending obligation for each scheme year;
- (b) whether any adjustment is made to its obligation for a scheme year in accordance with regulation 21 or 22;
- (c) if such an adjustment is made, of the adjusted amount of its non-core spending obligation for that scheme year.
(3) The notification under paragraph (2)(a) must be given-
- (a) in relation to scheme year 16, on or before the 28th working day after the commencement day;
- (b) in relation to any other scheme year, on or before 14th March preceding the start of the scheme year.
(4) The notification under paragraph (2)(b) and, as the case may be, (c) must be given on or before 31st October in the scheme year to which it relates.
The Authority is responsible for calculating each compulsory scheme electricity supplier's individual non-core spending obligation based on customer proportion (Regulation 20) and applying yearly adjustments (Regulations 21 or 22).
The Authority must notify suppliers of their core obligation soon after the scheme year begins (or within 28 working days for Year 16) and must confirm any subsequent adjustments by October 31st of that year.
Calculation of non-core spending obligation
- -(1) The non-core spending obligation of a compulsory scheme electricity supplier ('C') for a scheme year, subject to any adjustments under regulation 21 or 22, is C's obligation percentage of the aggregate non-core spending obligation for the scheme year.
(2) For the purposes of paragraph (1), 'the obligation percentage' in relation to C and a scheme year is-
[FORMULA OMITTED]
where-
- (a) 'X' is the relevant number of GB domestic customers, and
- (b) 'Y' is the total number of GB domestic customers of-
- (i) all compulsory scheme electricity suppliers, and
- (ii) all scheme gas suppliers who are connected to a compulsory scheme electricity supplier.
(3) For the purposes of paragraph (2)(a), the relevant number of GB domestic customers is-
- (a) if C is connected to one or more scheme gas suppliers but is not connected to any other compulsory scheme electricity suppliers, the combined number of GB domestic customers of C and its connected scheme gas suppliers;
- (b) if C is connected to one or more scheme gas suppliers and to one or more other compulsory scheme electricity suppliers, a number equal to C% of (CE + CG) where-
- (i) 'C%' is C's number of GB domestic customers as a percentage of CE;
- (ii) 'CE' is the combined number of-
- (aa) C's number of GB domestic customers, and
- (bb) the number of GB domestic customers of C's connected compulsory scheme electricity suppliers;
- (iii) 'CG' is the number of GB domestic customers of C's connected scheme gas suppliers;
- (c) otherwise, C's number of GB domestic customers.
(4) For the purposes of paragraphs (2) and (3)-
- (a) a reference to a supplier's number of GB domestic customers is a reference to the supplier's number of GB domestic customers on 31st December preceding the start of the scheme year;
- (b) a supplier is to be treated as connected to another supplier only if they were connected on that date.
(5) In this regulation 'relevant supplier' means-
- (a) in relation to scheme year 16, a compulsory scheme electricity supplier (within the meaning given in regulation 6(2) of the 2022 Regulations) in relation to scheme year 15;
- (b) in relation to any other scheme year, a compulsory scheme electricity supplier in relation to the preceding scheme year.
A supplier's individual non-core spending obligation is calculated as their 'obligation percentage' multiplied by the aggregate obligation (Regulation 18).
The obligation percentage is based on 'X' (the supplier's relevant customer base) divided by 'Y' (the total customer base of all compulsory electricity suppliers and their connected gas suppliers).
Regulation 20 details complex rules for determining 'X' based on whether the supplier is connected only to gas suppliers, or connected to both gas and other compulsory electricity suppliers, ensuring fair allocation based on customer reach.
Adjustment of non-core spending obligation: scheme year 16
- -(1) The adjustments that must be made to the non-core spending obligation for scheme year 16 ('O') of a compulsory scheme electricity supplier ('C') are as follows.
(2) O must be adjusted in accordance with paragraph (3) or (4) if I is less than or exceeds S where-
- (a) 'I' is the amount of spending incurred by C under Part 4 of the 2022 Regulations in scheme year 15 (as determined by the Authority in accordance with regulation 27 of those Regulations);
- (b) 'S' is C's non-core spending obligation under Part 4 of the 2022 Regulations for scheme year 15, as adjusted (where required) in accordance with regulation 19 of those Regulations.
(3) If I is less than S, O must be adjusted by adding (S - I).
(4) If I exceeds S, O must be adjusted by subtracting the lesser of-
- (a) (I - S), and
- (b) the relevant amount.
(6) Whether or not an adjustment is made under paragraph (2), O must be adjusted by adding an amount equal to the undelivered rebate amount.
(7) For the purposes of paragraph (6) 'the undelivered rebate amount' is £150 multiplied by the number of prescribed rebates as stated in any notification made by C under regulation 12(8) of the 2022 Regulations.
Obligations for Scheme Year 16 are adjusted retroactively based on performance in Scheme Year 15 under the 2022 Regulations.
If the actual spending ('I') by a supplier was less than its required obligation ('S'), the current year's obligation is increased by the shortfall.
If spending exceeded the obligation, the obligation is reduced, capped at 5% or 10% of S depending on prior arrangements.
Furthermore, the Year 16 obligation is increased by the total value of any undelivered rebates (£150 per rebate) from Year 15.
Adjustment of non-core spending obligation: scheme years 17 to 20
- -(1) The adjustments that must be made to the non-core spending obligation for a scheme year ('O'), other than scheme year 16, of a compulsory scheme electricity supplier ('C') are as follows.
(2) O must be adjusted in accordance with paragraph (3) or (4) if I is less than or exceeds S where-
- (a) 'I' is the amount of spending incurred by C under this Part (as determined by the Authority in accordance with regulation 29) in the preceding scheme year;
- (b) 'S' is C's non-core spending obligation for the preceding scheme year as adjusted for that year, where required, in accordance with regulation 21 or this regulation.
(3) If I is less than S, O must be adjusted by adding (S - I).
(4) If I exceeds S, O must be adjusted by subtracting the lesser of-
(a) (I - S), and
(b) the relevant amount.
(6) Whether or not an adjustment is made under paragraph (2), O must be adjusted by adding an amount equal to the undelivered rebate amount.
(7) For the purposes of paragraph (6) 'the undelivered rebate amount' is £150 multiplied by, where C has made a notification under regulation 14(8) in respect of the preceding scheme year, the number of prescribed rebates as stated in that notification.
For Scheme Years 17 through 20, the non-core spending obligation ('O') is similarly adjusted based on the prior scheme year's actual verifiable spending ('I') versus its adjusted obligation ('S').
If spending fell short, 'O' increases by the shortfall; if spending exceeded 'S', 'O' decreases, capped either at 5% or 10% of 'S'.
Additionally, if any rebates were undelivered in the preceding year (reported under Regulation 14(8)), the current year's obligation is increased by £150 for each undelivered rebate.
Chapter 2
Obligation to incur spending etc.
Obligation to incur spending and amounts of spending
- -(1) In each scheme year, a compulsory scheme electricity supplier must incur spending under this Part to the amount of its non-core spending obligation.
(2) In doing so, the supplier-
- (a) must include spending under Chapter 3 (industry initiatives), subject to the requirements and limits in paragraphs (3) to (5);
- (b) may include spending under Chapter 4 (activities specified by the Secretary of State).
(3) The amount of spending on financial assistance under regulation 24 which a supplier counts towards its non-core spending obligation-
- (a) must be no less than the obligation percentage of £5 million, but
- (b) must not, in total, exceed the obligation percentage of £10 million.
(4) The amount of spending on debt write-off under regulation 24 which a supplier counts towards its non-core spending obligation-
- (a) must not exceed the obligation percentage of £3 million in respect of customers who are supplied with neither electricity or gas through a pre-payment meter;
- (b) must not, in total, exceed the obligation percentage of £6 million.
(5) The amount of spending on the installation of boilers or central heating systems under regulation 24 which a supplier counts towards its non-core spending obligation must not in total exceed the obligation percentage of £8 million.
Compulsory scheme electricity suppliers must spend the full amount of their non-core spending obligation through activities detailed in Chapters 3 (Industry Initiatives) and 4 (Specified Activities).
Regulation 23 sets specific thresholds for categories of spending within industry initiatives: financial assistance spending must be between 5 and 10 times its obligation percentage (based on the supplier's customer percentage), while spending on debt write-off and boiler/heating system installation is subject to upper caps based on the obligation percentage.
Chapter 3
Industry initiatives
Spending on industry initiatives by a compulsory scheme electricity supplier
- -(1) A compulsory scheme electricity supplier may in respect of a scheme year count towards its non-core spending obligation spending (excluding Value Added Tax) incurred in that scheme year on an activity of a kind listed in the table in Part 1 of the Schedule (an 'industry initiative') by-
- (a) the supplier, or
- (b) a connected gas supplier, to the extent permitted by regulation 26.
(2) But spending on an industry initiative does not count towards a supplier's non-core spending obligation if the spending-
- (a) is incurred pursuant to a requirement in-
- (i) any other enactment, or
- (ii) an electricity supply or gas supply licence,
- (b) is counted by a scheme supplier towards a spending obligation or target imposed by-
- (i) any other enactment, or
- (ii) an electricity supply or gas supply licence, or
- (c) falls within any exception in the table in Part 1 of the Schedule.
(3) In addition, spending on an industry initiative does not count towards a supplier's non-core spending obligation unless-
- (a) the industry initiative has been notified to the Authority, and
- (b) either-
- (i) the spending takes place after the Authority approves the initiative, or
- (ii) in relation to scheme year 16, the spending takes place before the Authority decides whether to approve the initiative but the Authority subsequently approves it.
Compulsory suppliers can count spending (excluding VAT) on approved 'industry initiatives' (listed in the Schedule) towards their non-core obligation, whether incurred by themselves or a connected gas supplier (Regulation 26).
Spending is disallowed if it is already mandated by other legislation or licences, or if it falls under specified exceptions in the Schedule.
Crucially, the initiative must be notified to, and ultimately approved by, the Authority for the spending to count.
Approval of industry initiatives
- -(1) A compulsory scheme electricity supplier must notify the Authority of the industry initiatives which it, or any connected scheme gas supplier, proposes to carry out.
(3) The Authority must approve a supplier's notification if, but only if, it is satisfied that the supplier's proposed industry initiatives-
(a) meet the criteria specified in the relevant entry in the first column of the table in Part 1 of the Schedule, and do not fall within the exceptions in the corresponding entry in the second column of the table,
(b) ensure, so far as reasonably practicable, that every E&W domestic customer provided with benefits under the industry initiatives will be provided with energy advice and smart meter advice,
(c) include adequate measures to ensure, so far as reasonably practicable, that benefits provided under the industry initiatives will be provided wholly or mainly to persons in fuel poverty or in a fuel poverty risk group, and
(d) will provide value for money.
Suppliers must inform the Authority of proposed industry initiatives.
The Authority's approval is contingent on several factors: the initiative must meet the Schedule's criteria without falling into exceptions, it must ensure energy and smart meter advice is offered where feasible, benefits must primarily target fuel-poor households, and the initiatives must demonstrate value for money.
Spending on industry initiatives which may be treated as incurred by a compulsory scheme electricity supplier
- -(1) This regulation applies where a compulsory scheme electricity supplier ('C') is connected to one or more scheme gas suppliers on the qualifying date (referred to in this regulation as a 'connected scheme gas supplier').
(3) If C is not connected to any other compulsory scheme electricity supplier on the qualifying date, C may treat any amount of spending incurred under regulation 24 by a connected scheme gas supplier in the relevant scheme year as an amount of spending incurred by C in that scheme year.
(4) If C is connected to one or more compulsory scheme electricity suppliers on the qualifying date (referred to in this regulation as a 'connected compulsory scheme electricity supplier'), C may treat the specified percentage of any amount of spending incurred under regulation 24 by a connected scheme gas supplier in the relevant scheme year as an amount of spending incurred by C in that scheme year.
(5) For the purposes of paragraph (4), the 'specified percentage' is C's number of GB domestic customers on the qualifying date as a percentage of the combined number of GB domestic customers of-
- (a) C, and
- (b) C's connected compulsory scheme electricity suppliers,
This regulation clarifies how spending by connected gas suppliers can be counted towards a compulsory electricity supplier's non-core obligation.
If the electricity supplier is not connected to any other compulsory electricity supplier, it can claim all of the connected gas supplier's spending.
If it is connected to other compulsory electricity suppliers, it can only claim a 'specified percentage' of the gas supplier's spending, based on its own customer share relative to the combined customer base of itself and its connected compulsory electricity rivals.
Chapter 4
Specified activities
Types of spending: activities specified by the Secretary of State
- -(1) A compulsory scheme electricity supplier may, in respect of any scheme year, count towards its non-core spending obligation financial contributions (excluding Value Added Tax) made by the supplier in the scheme year to fund a specified activity.
(2) A 'specified activity' is an activity specified in a notice published by the Secretary of State.
(3) The Secretary of State may only specify an activity in a notice if the Secretary of State is satisfied that-
(a) the funding of the activity is open to contributions from any compulsory scheme electricity supplier,
(b) the activity is of a kind listed in the first column of the table in Part 1 of the Schedule, and does not fall within an exception in the second column of the table,
(c) the activity includes adequate measures to ensure, so far as reasonably practicable, that-
(i) every E&W domestic customer provided with benefits under the activity will be provided with energy advice and smart meter advice, and
(ii) benefits provided under the activity will be provided wholly or mainly to persons in fuel poverty or in a fuel poverty risk group, and
(d) the activity will provide value for money.
(5) In addition, financial contributions to fund a specified activity may count towards a supplier's non-core spending obligation only if they are made after the Secretary of State has published the notice specifying the activity.
Compulsory suppliers can count financial contributions towards 'specified activities' (which align with the types of industry initiatives listed in the Schedule) towards their non-core obligation, provided the Secretary of State has published a notice specifying that activity.
The Secretary of State must ensure these activities meet similar criteria to industry initiatives regarding advice provision, targeting fuel-poor customers, and providing value for money.
The contribution must only be counted after the activity has been formally specified.
PART 5
Authority functions
Approvals by the Authority: procedure
- -(1) This regulation applies to notifications to the Authority under regulation 6(5) or 25.
(3) The Authority must, before the end of the specified period-
- (a) notify the supplier of its decision whether or not to approve the notification, or
- (b) if the Authority requires further information from the supplier before approving the notification, request that information from the supplier.
(4) For the purposes of paragraph (3) 'the specified period' is-
- (a) 12 weeks after the commencement day, if the notification is received by the Authority before the end of the period of eight weeks beginning with the commencement day;
- (b) otherwise, 20 working days after receipt of the notification.
This sets the procedural timeline for the Authority when processing notifications for voluntary scheme participation (Reg 6(5)) or industry initiative approval (Reg 25).
For early notifications (within eight weeks of commencement), the Authority has 12 weeks to decide or request more information; otherwise, the period is 20 working days following receipt.
The Authority must provide reasons if it refuses approval.
Determination of amounts spent by scheme suppliers
- -(1) The Authority must in respect of each scheme year, as soon as reasonably practicable after the end of the scheme year, determine-
- (a) the total amount of rebates provided in the scheme year, or treated as being provided in the scheme year, by each scheme electricity supplier under Part 3 of these Regulations;
- (b) the total amount of spending on industry initiatives under Part 4 of these Regulations incurred, or treated as incurred, by each compulsory scheme electricity supplier which that supplier may count towards its non-core spending obligation for the scheme year;
- (c) the total amount of spending on specified activities under Chapter 4 of Part 4 of these Regulations incurred by each compulsory scheme electricity supplier which that supplier may count towards its non-core spending obligation for the scheme year.
(2) The Authority must in respect of each scheme year, as soon as reasonably practicable after the end of the scheme year, estimate for each compulsory scheme electricity supplier the proportion, expressed as a percentage-
- (a) of-
- (i) the total amount of spending mentioned in paragraph (1)(b), and
- (ii) the amount of spending on each industry initiative for the scheme year,
which was incurred by, or treated as incurred by, the supplier in relation to households which meet the condition in paragraph (3), and
- (b) of-
- (i) the total amount of spending mentioned in paragraph (1)(c), and
- (ii) the amount of spending on each specified activity for the scheme year,
which was incurred by the supplier in relation to households which meet the condition in paragraph (3).
(3) A household meets the condition in this paragraph if at least one person living in the household has significant health problems or a disability.
After each scheme year ends, the Authority determines the total spent by suppliers on core rebates (Part 3) and the qualifying non-core spending (Part 4, Chapters 3 & 4).
Furthermore, the Authority must estimate the percentage of non-core spending incurred specifically for households where a resident has significant health problems or a disability.
This calculation is relevant for understanding the distribution and impact of non-core spending targeted at vulnerable energy users.
Provision of information to the Authority
- -(1) The Authority may request that a scheme supplier provide it with such information or evidence as the Authority requires for the purposes of carrying out its functions in relation to the Scheme.
(3) A scheme supplier must comply with a request under paragraph (1).
The Authority has the general power to require any scheme supplier (electricity or gas) to provide any necessary information or evidence to fulfill its function of administering the Scheme, and suppliers are obliged to comply with such requests.
PART 6
Review
Reviews of the Scheme
- -(1) The Secretary of State must conduct a review of the Scheme, or any aspect of the Scheme, if the Secretary of State is satisfied that a review would be desirable in order to achieve greater reductions in fuel poverty or because-
- (a) the Scottish Ministers have consulted, or are consulting, the Secretary of State in accordance with section 14A(5)(a) of the Energy Act 2010( a ), or
- (b) there has been a significant change in circumstances since the commencement day.
(2) The Secretary of State must conduct a review of regulation 6 if the Secretary of State is satisfied that a review would be desirable in order to-
- (a) promote effective competition between suppliers, or
- (b) protect the interests of GB domestic customers.
(3) The Secretary of State must conduct a review of any aspect of the Scheme if the Secretary of State is satisfied that a review would be desirable-
- (a) to protect the interests of GB domestic customers who are in fuel poverty or in a fuel poverty risk group,
- (b) because that aspect of the Scheme is not, or may not be, operating effectively, or
- (c) because the effectiveness of that aspect of the Scheme could be improved.
The Secretary of State must review the Scheme for several reasons: to seek greater reductions in fuel poverty, if there is a significant change in circumstances, or if consulting the Scottish Ministers requires it.
Additionally, Regulation 6 (supplier categorization) must be reviewed if it would promote competition or protect customer interests.
Reviews are also mandated if any aspect is not operating effectively or could be improved regarding vulnerable customers.
PART 7
Amendment of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011
Amendment of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011
- -(1) The Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011( b ) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1), for the definition of 'the WHD (E&W) Regulations' substitute-
''the WHD (E&W) Regulations' means the Warm Home Discount (England and Wales) Regulations 2026;'.
(3) In regulation 5 (disclosure of social security information by the Secretary of State)-
(a) in paragraph (1), for sub-paragraph (a) substitute-
- '(a) enabling the Secretary of State to give the supplier-
- (i) a standard rebate notice within the meaning of regulation 9(1)(a) of the WHD (E&W) Regulations, or
- (ii) a rebate notice within the meaning of regulation 8(1) of the WHD (Scotland) Regulations;'.
- (b) in paragraph (3), in the definition of 'relevant information', after sub-paragraph (c) insert-
- '(d) information indicating that the condition in regulation 3(1B) is met in respect of that person;
- (e) if applicable, information indicating that the Secretary of State believes that person to a qualifying customer based on automated processing of data.'.
This part makes consequential amendments to the 2011 Regulations concerning the disclosure of State Pension Credit information for the Warm Home Discount.
It updates the definition of the 'WHD (E&W) Regulations' to refer to this 2026 instrument.
It also updates the criteria for disclosing social security information, ensuring the Secretary of State can pass on details necessary for issuing standard English/Welsh rebate notices, including information relating to automated eligibility assessments.
SCHEDULE
Part 1
Table of industry initiatives
| Column 1 - Type of initiative | Column 2 - Exceptions | |---|---| | Payments to organisations which refer to electricity or gas suppliers, or facilitate the referral of, E&W domestic customers who- (a) are in fuel poverty or in a fuel poverty risk group, and (b) are, or may be, eligible for a benefit under the Scheme or any other assistance from the supplier. | | | Providing, or funding the provision by other persons of- (a) benefit entitlement checks for persons who are resident in England and Wales, or (b) benefit entitlement checks for persons who are resident in England and Wales and assistance to those persons in claiming benefits. | | | Providing to E&W domestic customers, or funding the provision by other persons to E&W domestic customers of- (a) energy efficiency measures, (b) thermal efficiency measures, (c) energy efficient appliances, or (d) microgeneration. | A supplier may not count costs arising from the installation of a boiler or central heating system unless- (a) the boiler or central heating system- (i) is fuelled wholly by mains gas, (ii) generates heat wholly or mainly by means of a source of energy or technology mentioned in section 100(4) of the Energy Act 2008( a ), or (iii) generates heat only by means of combustion of mains gas and a source of energy or technology mentioned in that section of that Act, (b) where the boiler or central heating system that is installed ('N') is fuelled wholly or partly by mains gas- (i) N replaces an existing boiler or central heating system which is fuelled (whether wholly or not) by mains gas, and | | Training persons, or funding the training of persons, to provide energy advice to E&W domestic customers. | A supplier may not count costs of training its own employees or contractors, or the employees or contractors of a company in the same group of companies as the supplier. | | Providing assistance, or funding the provision by other persons of assistance, to reduce debts for electricity or gas supply to domestic premises, where such assistance is provided as part of a package of measures aimed at providing E&W domestic customers with long-term relief from fuel poverty. | A supplier may not count- (a) costs arising from a billing error by the supplier, or (b) the part of any costs of debt write-off in relation to an E&W domestic customer that exceeds £2,000 in a scheme year. | | Making, or funding the making by other persons of, payments to eligible occupiers of mobile homes in England and Wales. | | | Making, or funding the making by other persons of, payments towards the gas or electricity bills of E&W domestic customers who- (a) are living in domestic premises which are non-gas fuelled, (b) have significant health problems or a disability, (c) are living in domestic premises with a person who has significant health problems or a disability, (d) are living in a community where residents are wholly or mainly in fuel poverty, or in a fuel poverty risk group, or (e) are supplied with gas or electricity through a pre-payment meter. | A supplier may not count- (a) the part of any payment in relation to an E&W domestic customer that exceeds £150 in a scheme year, or (b) payments in relation to charges incurred by an E&W domestic customer before the date on which the payment was made. |
The Schedule details the types of activities that count as 'industry initiatives' for non-core spending.
These include referring customers to suppliers, funding benefit entitlement checks, funding energy efficiency measures (like appliances or insulation), training advisors, providing debt relief packages, and making payments to eligible mobile home occupiers or direct bill payments/credits for vulnerable customers.
Exceptions exist, particularly limiting the claimable costs for boiler/heating system installations/repairs (subject to quality standards in Part 2) and capping costs for training internal staff or certain debt write-offs.
PART 2
Installation and repair requirements for boilers and central heating systems
Installation of boilers and central heating systems
- -(1) The installation of a boiler or a central heating system meets the requirements of this Part if the conditions in sub-paragraph (2) or (3) are satisfied.
(2) The conditions in this sub-paragraph are-
- (a) the boiler or central heating system is installed by, or under the responsibility of, a person who is registered with TrustMark for the purposes of installing boilers or central heating systems,
- (b) a certificate of lodgement is issued by the operator of TrustMark in respect of the installation, and
- (c) the installation adheres to the relevant TrustMark requirements for quality assurance and consumer protection, including installation standards and arrangements for repairs and other remedies, required by virtue of the TrustMark registration.
(3) The conditions in this sub-paragraph are that-
- (a) the boiler or central heating system is installed subject to arrangements for quality assurance and consumer protection, including installation standards and arrangements for repairs and other remedies, which are equivalent to the requirements under TrustMark, and
- (b) the installation adheres to those requirements.
(4) For the purposes of sub-paragraphs (2)(c) and (3)(b), the installation of a boiler or central heating system is deemed to adhere to the relevant TrustMark or equivalent requirements unless-
- (a) the installation is referred for failing to meet the relevant requirements to the Authority by the operator of TrustMark or the equivalent person, and
- (b) the referral is not withdrawn before 31st August following the end of the scheme year in which the boiler or central heating system is installed.
For costs associated with installing boilers or central heating systems to count towards non-core spending, the installation must meet quality standards.
This is achieved either by using a TrustMark registered person and receiving a certificate, or by using equivalent quality assurance arrangements if TrustMark is not involved.
The installation is presumed compliant unless it is formally referred to the Authority due to a failure to meet requirements, and that referral remains unresolved by August 31st following the installation.
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