The Social Fund Winter Fuel Payment Regulations 2000

Changes to legislation:

There are currently no known outstanding effects for the The Social Fund Winter Fuel Payment Regulations 2000, Section 2.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Social fund winter fuel paymentsE+W+S

[F12.—(1) Subject to paragraphs (2) [F2to (4)] and regulation 3 of these Regulations, and regulation 36(2) of the Social Security (Claims and Payments) Regulations 1987, the Secretary of State shall pay to a person who—

(a)[F3in respect of any day falling within the qualifying week is—

(i)ordinarily resident in Great Britain; or

(ii)habitually resident in [F4any of the countries listed in the Schedule to these Regulations]]; and

(b)[F5in or before the qualifying week has attained the qualifying age for state pension credit,]

a winter fuel payment of—

(i)£200 unless he is in residential care or head (ii)(aa) applies; or

(ii)£100 if [F6state pension credit][F7, an income-based jobseeker's allowance or an income-related employment and support allowance] has not been, nor falls to be, paid to him in respect of the qualifying week and he is—

(aa)in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following the qualifying week; or

(bb) in residential care.

(2) Where such a person has attained the age of 80 in or before the qualifying week—

(a)in paragraph (1)(i), for the sum of £200 there shall be substituted the sum of £300; and

(b)[F8in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that—

(i)where he is in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following that week who has also attained the age of 80 in or before that week, or

(ii)where he is in residential care,

there shall be substituted the sum of £150.]

(3) Where such a person has not attained the age of 80 in or before the qualifying week but he is a partner of and living with a person who has done so, in paragraph (1)(i) for the sum of £200 there shall be substituted the sum of £300.]

[F9(4) A person does not qualify for a winter fuel payment by virtue of falling within paragraph [F10(1)(a)(ii)] above unless—

[F11(a)they are a person who is covered by—

(i)Title III of Part 2 of the withdrawal agreement as set out at Article 30 of that agreement;

(ii)Title III of Part 2 of the EEA EFTA separation agreement as set out at Article 29 of that agreement;

(iii)Part Three of the Swiss citizens’ rights agreement as set out at Article 25 of that agreement; or

(iv)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 1st February 2019 (as modified from time to time in accordance with any provision of it) as set out in Article 2 of that Convention; and]

(b)they are able to demonstrate a genuine and sufficient link to the United Kingdom social security system.]

[F12(5) In this regulation “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020.]

Textual Amendments

F1Reg. 2 substituted (1.9.2003) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2003 (S.I. 2003/1737), regs. 1, 2

F2Words in reg. 2(1) substituted (16.9.2013) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2013 (S.I. 2013/1509), regs. 1, 2(2)(a)(i)

F3Reg. 2(1)(a) substituted (16.9.2013) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2013 (S.I. 2013/1509), regs. 1, 2(2)(a)(ii)

F4Words in reg. 2(1)(a)(ii) substituted (21.9.2015) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2014 (S.I. 2014/3270), regs. 1, 2(2)

F5Reg. 2(1)(b) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 20(2)

F6Words in reg. 2(1)(ii) substituted (20.9.2004) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2004 (S.I. 2004/2154), regs. 1, 2(b)

F7Words in reg. 2(1)(b)(ii) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 7(3)

F8Reg. 2(2)(b) substituted (3.9.2003) by The Social Fund Winter Fuel Payment (Amendment) (No.2) Regulations 2003 (S.I. 2003/2192), regs. 1, 2

F9Reg. 2(4) added (16.9.2013) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2013 (S.I. 2013/1509), regs. 1, 2(2)(b)

F10Word in reg. 2(4) substituted (23.2.2015) by The Social Security (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/67), regs. 1, 4(b)

F11Reg. 2(4)(a) substituted (20.9.2021) by The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 (S.I. 2021/811), regs. 1(3), 2(2)(a)