The Age-Related Payments Regulations 2005

PART 3 PAYMENTS TO PERSONS IN RECEIPT OF GUARANTEE CREDIT

Entitlement: guarantee credit basic cases

4.—(1) A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is single.

(2) A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and the other member of the couple is not a qualifying individual.

(3) A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and—

(a) the other member of the couple is a qualifying individual; and

(b) he (and not the other member) is in receipt of guarantee credit.

(4) This regulation is subject to regulation 5.

Entitlement: guarantee credit special cases

5.—(1) Where—

(a) only one member of a couple is a qualifying individual;

(b) he would (but for this paragraph) be entitled to a payment under regulation 4(2);

(c) the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and

(d) the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

(i) that other member of the couple shall be entitled to a payment of £50; and

(ii) the qualifying individual shall not be entitled to a payment under regulation 4(2).

(2) A qualifying individual shall not be entitled to a payment under this Part if—

(a) on the last day of the relevant week he is living in a care home; and

(b) throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a care home.

(3) Where a person who ceases to be entitled to a payment by virtue of paragraph (2) is part of a couple, in the application of regulation 4(2) and (3) to the other member of the couple, the person who ceases to be entitled under paragraph (2) shall be treated as a non-qualifying individual.