The Social Fund Winter Fuel Payment (Amendment) Regulations 2000

Amendment of the Social Fund Winter Fuel Payment Regulations 2000

2.  In the Social Fund Winter Fuel Payment Regulations 2000(1)—

(a) in regulation 1 (citation, commencement and interpretation)—

(i) in paragraph (2), the definition of “residential care home” shall be omitted;

(ii) in paragraph (3)—

(aa) for the words “In these” there shall be substituted the words “Subject to paragraph (3A), in these”; and

(bb) for the word “lives” there shall be substituted the word “resides”;

(iii) after paragraph (3) there shall be inserted the following paragraph—

“(3A) For the purposes of paragraph (3)(a)(i)—

(a) paragraph 2A(3) of Schedule 2 to the Income Support Regulations(2) (applicable amounts) shall apply as if—

(i) for the words “sub-paragraph (2), but subject to sub-paragraph (4),” there were substituted the words “regulation 1(3)(a)(i) of the Social Fund Winter Fuel Payment Regulations 2000”; and

(ii) the words from “and a person resides in” to the end of that sub-paragraph were omitted; and

(b) a person who resides in an establishment which is not a residential care home shall be treated as residing in a residential care home during any period when he has a preserved right under regulation 19 of the Income Support Regulations(3) (applicable amounts for persons in residential care and nursing homes).”; and

(b) in regulation 3(1)(a)(i) (persons not entitled to a social fund winter fuel payment), for the words “of a person” there shall be substituted the words “of, and living with, a person”.

(1)

S.I. 2000/729, amended by S.I. 2000/2229.

(2)

Regulation 2A(3) was inserted by S.I. 1992/3147.

(3)

Regulation 19 was amended by S.I. 1988/663, 1445 and 2022, 1989/1678, 1991/1033, 1992/3147, 1993/2119, 1994/527 and 2139 and 1996/462.