The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024

Residence condition

8.  The condition is that, in respect of any day falling within the qualifying week—

(a) the individual is ordinarily resident in Scotland, or

(b) the individual—

(i) is habitually resident in one of the countries listed in the schedule,

(ii) is covered by—

(aa) Title III of Part 2 of the EU withdrawal agreement, as set out at Article 30 of that agreement,

(bb) the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019 (as modified from time to time in accordance with any provision of it) as set out in Article 2 of that Convention,

(cc) Part Three of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(1) (“the 2020 Act”) as set out at Article 25 of that agreement, or

(dd) Title III of Part 2 of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), as set out at Article 29 of that agreement, and

(iii) has a genuine and sufficient link to Scotland.

(1)

2020 c. 1. Section 39 was amended by S.I. 2024/164.