Release 2.142Fuel Rights Handbook 20th editionAbout this HandbookChapter 1: Introduction1. Sources for your rights2. The structure of the industryElectricityContractsOfgem: the industry regulatorConsumer protectionMinimum standards of performanceDebtor protection ('breathing space' scheme)3. How to use this bookChapter 2: Choosing a supplier1. Suppliers and switchingSwitching suppliersPriceComparing pricesSwitching supplier with existing debtsSwitching supplier with a smart meterSwitching supplier when your supplier goes out of business2. Marketing and salesMarketing standardsInformation on chargesCompensation for mis-sellingCancelling a contractMisrepresentationForging of signatures3. ContractsElectricitySupply contractsGasSupply contractsContracts for other servicesDeemed contracts for gas and electricity supplyDual-fuel supply contractsContractual termsUnfair termsTerminating a contractPenalties for terminating a contractChapter 3: The right to a supply1. Who is entitled to a supplyElectricityGuaranteed standards of performanceLiability for danger and harm arising from interruptions in supplyGasExceptionsSquattersTravellersMobile home and caravan sites2. Getting your electricity supply connectedNoticeWhen your supply is connectedConditions of supplyCharges for connecting a supplyGetting your supply connectedWhen you can be refused a supply3. Getting your gas supply connectedWhen your supply is connectedCharges for connecting a supplyWhen you can be refused a supply4. Security depositsWhat is a security depositWhen you can be asked to pay a security depositElectricityGasAmount of depositDisconnection if you do not pay a security depositReturn of security depositsElectricityGasDisconnection and reconnection costsAlternatives to security deposits5. Disruption of supplyEnergy OmbudsmanCourt actionLiability for damage arising from faulty connectionEnd of supply with change of ownership or occupationChapter 4: Meters and methods of payment1. Standing charges and tariffsPrice capsDefault price capPrepayment meter price capWarm Home DiscountEngland and WalesScotlandThe energy bills rebate2. Types of metersStandard credit meterVariable rate credit meterEconomy 7/white meterPrepayment metersCollecting arrearsEmergency creditSelf-disconnectionAdvantages of prepayment metersDisadvantages of prepayment metersSmart metersAdvantages of smart metersDisadvantages of smart meters3. Payment methodsCredit meter payment methodsPrepayment meter payment methods4. Cost of living crisis: extra support with paymentsEnergy bills support schemeCouncil tax rebates for energy costsDiscretionary funding5. Fuel Direct6. Choosing how to paySupplier discretion in switching with a debtChapter 5: Responsibility for the bill1. IntroductionElectricityGas2. When you are liable for an electricity billYour liability when you have signed for the supplyYour liability when you contacted the supplier by telephoneYour liability when you contacted the supplier onlineYour liability when no one has contacted the supplierYour liability when someone else has been responsible for the supplySending the bill to another personPrivity of contract3. When you are liable for a gas billThe Gas Act 1995Former 'tariff customers' under the Gas Act 1986Termination of deemed contractsCustomers with contractsYour liability for the billEnding your liability for the billCustomers with deemed contractsYour liability for the billDisputes over the rate of gas consumptionEnding your liability for the bill4. Common problemsYour liability when your name is on the billElectricityGasWho is liable when no one is named on the billElectricityGasMoving in: becoming liable for the supplyElectricityGasMoving out: ending liability for the supplyElectricityGasWho is liable when the person named on the bill has leftSole liabilityShared liabilityWho is liable when the person named on the bill diesAssignment of outstanding charges to your new supplierDomestic customer transfer blockingThe Limitation Act 1980Harassment by suppliers and debt collectorsChapter 6: High bills1. Amount of the billDuty on suppliers to obtain meter readingsCheck consumptionConsumption: reasons for a high billConsumption: exceptional reasons for a high billOther charges in the bill2. Accuracy of the billBilling delaysObtaining information under the data protection lawEstimatesErrors in reading the meterErrors in assigning billsSmart meters3. Accuracy of the meterPrepayment metersSmart metersChecking your meterStandards of performanceStandard metersPrepayment metersExceptionsMeter examinersElectricityGasResults4. Meter faults and faulty appliancesMeter faultsFaulty appliancesChapter 7: Arrears1. What are arrears2. Protection when you are in arrearsStandard Licence Condition 26: pensioners, the chronically sick, disabled and others evidently vulnerableThe Priority Services RegisterStandard Licence Condition 27: difficulty in payingProactive engagement and alternative repayment methodsAbility to pay principleEnergy UKDebt respite scheme (breathing space)Standard breathing space moratoriumMental health crisis breathing space moratorium3. Arrears in another person’s name4. Arrears as a result of estimated billsPrevious periods of consumption5. Paying your arrearsMethods of payingShort-term arrangementsPayment plansPrepayment metersFuel DirectWaiver, full and final settlement of arrears and estoppel6. Rate of repaymentRepayments below Fuel Direct ratesArrears more than six years oldPaying for your current consumptionLump-sum repaymentsBreakdown of repayment arrangement7. Switching supplier when you have arrears8. Multiple debtsGetting adviceCharitable assistanceAdministration ordersAdvantages of an administration orderDisadvantages of an administration orderDebt relief ordersEnforcement agentsChapter 8: Disconnection for arrears1. When you can be disconnected for arrearsWhen the supplier can disconnect – electricityWhen the supplier can disconnect – gasDisconnection for assigned arrearsDisconnection when you pay in instalments2. Protection from disconnectionProtection if you cannot pay your billCondition 27 of the Standard Licence ConditionsProtection if you are vulnerable or in a vulnerable situationCondition 27 of the Standard Licence ConditionsPriority Services Register'Safety net' for vulnerable customers'Vulnerability commitment' for vulnerable customersProtection under the breathing space debt respite scheme3. Preventing disconnection4. At the point of disconnectionThe supplier’s right to enter your premisesDisconnecting external metersDisconnecting smart metersLast-minute negotiations5. Getting your supply reconnectedIf you do not want your supply reconnectedThe costs of disconnection and reconnection6. Disputes: unlawful disconnectionPrepayment meters and arrears7. Complaints about disconnectionChapter 9: Theft and tampering1. IntroductionMeter ownership2. Tampering with a meterEvidence of tamperingExamining the evidence and the lawGeneral common law principlesContractual liability for meter damageResponsibility for meters under the Gas and Electricity Acts3. Theft of fuelSentencing for abstraction offencesInvestigation of fuel theftAccuracy of meters and estimates of stolen fuelInspection of meters4. Disconnection of the supplyInjunctionsSpecific powers of disconnectionChallenges to disconnection of stolen fuelCharges for stolen fuelDisconnection for safety reasons5. Theft from meters6. Removal of metersChapter 10: Rights of entry1. Entering your homeLegal powersLicence conditions2. Right of entry with a warrantNotice of application for a warrantContacting the supplier in advanceProhibitions on exercising a warrantDisconnection of smart meters without a warrantPowers of entry simply in respect of the debtRestrictions on disconnectionThe approach of the courtAdjournmentsProportionality and Human Rights Act principlesDefects in the 1954 legislationLiability for negligence and improperly obtained warrantsAppeals from the magistrates’ courtChapter 11: Fuel and benefits1. Benefit entitlement checks2. Universal credit, income support, income-based jobseeker’s allowance, income-related employment and support allowance and pension creditUniversal creditIncome supportIncome-based jobseeker’s allowanceIncome-related employment and support allowancePension credit3. Cold weather payments and winter fuel paymentsCold weather paymentsWho qualifiesAmount of paymentClaiming and getting paidChallenging a decisionWinter fuel paymentsWho qualifiesExclusionsAmount of paymentClaiming and getting paidChallenging a decisionChild winter heating assistance4. Help with fuel-related housing costs and service chargesUniversal credit housing costs element and fuel costsHousing benefit and fuel costsHow fuel charges are calculatedFlat-rate deductions from housing benefitDiscretionary housing paymentsSupport for mortgage interest loans5. Impact of charitable payments on benefits6. Local welfare assistance schemes7. Budgeting advances and budgeting loansUniversal credit budgeting advancesSocial fund budgeting loans8. Fuel DirectDeductionsIf you get universal creditIf you get income support, income-based jobseeker’s allowance, income related employment and support allowance or pension creditHow to arrange Fuel DirectChallenging the amount for ongoing fuel consumptionChange of circumstancesSanctionsChapter 12: Energy efficiency and other sources of help1. National energy efficiency schemesRenewable Heat IncentiveFeed-in tariffsSmart Export GuaranteeHelp with gas connectionsGreat British Insulation Scheme2. Energy efficiency schemes in EnglandLocal Authority DeliveryHome Upgrade Grant scheme3. Energy efficiency schemes in WalesNestArbed4. Energy efficiency schemes in ScotlandHome Energy Scotland referral portalHome Energy Efficiency Programmes for ScotlandArea-based schemesWarmer Homes ScotlandHome Energy Scotland loan scheme5. Help from the local authorityHome improvement assistanceHelp from social servicesLocal welfare assistance schemes6. Other sources of helpEnergy Saving TrustMeasures to save energyCitizens AdviceNI Energy AdvicePriority Services RegisterNational Energy ActionEnergy Action ScotlandThe Energy OmbudsmanCharitiesTrust funds and foundationsBritish Gas and Scottish GasE.ONScottishPowerEnergy Advice.ScotChapter 13: You, your landlord and fuel1. You and your landlordImplied terms2. Rent increases for fuel or fuel-related servicesCouncil tenanciesLocal authority heating systemsChallenging the way heating is providedCouncil tenancies: heating standardsNon-council tenanciesVariable service charges in England and WalesVariable service charges in ScotlandRent control3. Resale of fuel by a landlordMaximum permitted chargesApproval of metersObtaining a meter directly from a supplierThe landlord fails to pay billsTransferring the accountThe landlord is disconnectedBreach of quiet enjoymentProtection of supply where a landlord is insolventBreach of trustHarassmentLocal authorities’ powers in England and WalesOutside LondonWithin LondonLocal authorities’ powers in Scotland4. Defective housing and heating systemsRepairing obligationsScotlandRepairs and improvementsStructure and exteriorInstallations for heating and for the supply of gas and electricityNegligencePremises prejudicial to healthCondensationOther local authority powersMaintenance of gas appliances5. Energy efficiency mattersEnergy performance certificateMinimum energy efficiency standardPrivate rented tenants in England and WalesChallenging a decisionChapter 14: Remedies1. Available remedies2. NegotiationsUsing codes of practice and policy statementsMaking a complaintRecording a complaintWhen a complaint is treated as receivedComplaints about National Grid3. Action by OfgemEnforcement mattersStandards of performanceElectricityGasGetting an order from OfgemBreach of conditions relating to payment difficultiesConsumer redress ordersSuppliers which cease trading4. Unfair termsConsumer Rights Act 2015Consumer Protection from Unfair Trading Regulations 20085. Using the civil courtsLegal fundingEmergency legal representationUsing the small claims procedure in the County CourtEngland and WalesScotlandDisputes over £10,000 (£5,000 in Scotland)Claims for harassment and damagesInjunctions/interdictsDamagesJudicial reviewHuman Rights Act 1998Remission of court fees6. The Energy OmbudsmanAppendix 1: Useful addressesFuel and energy industry bodiesConsumer advice and informationFuel campaigning and information organisationsAppendix 2: Reading your meterElectricityStandard credit meterVariable rate credit meterPrepayment meterSmart meterReading your meterGasStandard credit meterPrepayment meterSmart meterReading your meterSubmitting meter readingsCalculating your costsAppendix 3: Vulnerable situationsAppendix 4: Draft court claimAppendix 5: Abbreviations used in the notesIndex