The Ashanti Regional Office of the Public Utilities Regulatory Commission (PURC) is educating consumers on Regulation 40 of the Public Utilities Regulatory Commission (Consumer Service) Regulations, which sets out specific protections for special persons before a public utility may disconnect service for non-payment.
Regulation 40(1) mandates that a public utility shall offer a consumer an instalment payment plan under Regulation 31 where the consumer demonstrates inability to pay a bill, in the circumstances prescribed under subregulation (2).
Under Regulation 40(2), the circumstances requiring an instalment payment plan are:
(a) The public utility is aware that the consumer is (i) aged 65 years or above, or (ii) disabled, and (iii) the only adult who resides in the premises;
(b) A qualified medical practitioner certifies a medical emergency at the premises of the consumer which will be aggravated by the lack of service; or
(c) The premises of the consumer is registered as a health facility, home care facility for the aged, or a residential education facility.
Regulation 40(3) further provides that where a public utility intends to disconnect a consumer in the circumstances under subregulation (1) and the consumer defaults on the payment plan, the public utility shall give the consumer at least 21 days written notice before disconnecting the service. The written notice requirement ensures the consumer is formally informed and granted a defined period to remedy the default.
For institutional premises, Regulation 40(4) specifies that in the case of a health facility, home care facility for the aged, or residential education facility, the notice shall be served on the principal officer of the facility. This provision places the obligation on the utility to notify the person with administrative responsibility for the premises.
PURC Ashanti notes that Regulation 40 forms part of the Commission’s consumer protection framework under Act 538 and establishes the legal procedure utilities must follow when dealing with vulnerable consumers and critical service premises.
