The Social Fund Winter Fuel Payment Regulations 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2000 and shall come into force on 3rd April 2000.

(2) In these Regulations—

• “free in-patient treatment” shall be construed in accordance with regulation 2(2) of the Social Security (Hospital In-Patients) Regulations 1975(1);

• “Income Support Regulations” means the Income Support (General) Regulations 1987(2);

• “qualifying week” means in respect of any year the week beginning on the third Monday in the September of that year;

• “nursing home” has the meaning it bears in regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes);

• “partner” means a member of–

  (a)

  a married or unmarried couple; or

  (b)

  a polygamous marriage;

• “residential accommodation” has the meaning it bears in regulation 21(3) of the Income Support Regulations(3) (special cases); and

• “residential care home” has the meaning it bears in regulation 19(3) of the Income Support Regulations.

(3) In these Regulations a person—

(a) is in residential care if, disregarding any period of temporary absence, he lives in–

(i) a residential care home;

(ii) a nursing home;

(iii) residential accommodation; or

(iv) accommodation provided under section 3(1) of the Polish Resettlement Act 1947(4) (provision by the Secretary of State of accommodation in camps),

throughout the qualifying week and the period of 12 weeks immediately before the qualifying week;

(b) lives with another person if—

(i) disregarding any period of temporary absence, they share accommodation as their mutual home; and

(ii) they are not in residential care.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number; and

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

(1)

S.I. 1975/555; regulation 2(2) was substituted by S.I. 1992/2595.

(2)

S.I. 1987/1967.

(3)

In regulation 21(3), the definition of “residential accommodation” was substituted by S.I. 1992/3147 and amended by S.I. 1995/916.

(4)

1947 c. 19; section 3(1) was amended by the Ministry of Social Security Act 1966 (c. 20), section 39(1) and Schedule 6, paragraph 3(1) and the Social Security Act 1980 (c. 30), section 20(1) and Schedule 4, paragraph 1(1)(a).