The Social Fund Winter Fuel Payment Regulations 2000

Persons not entitled to a social fund winter fuel paymentE+W+S

3.—(1) Regulation 2 shall not apply in respect of a person who—

(a)is [F1throughout the qualifying week] —

[F2(i)a partner of, and living with, a person who attained the qualifying age for state pension credit in or before the qualifying week and to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week;]

(ii)receiving free in-patient treatment and has been receiving free in-patient treatment for more than 52 weeks; F3...

(iii)detained in custody under a sentence imposed by a court; or

[F4(iv)in residential care and is a person to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week; or]

(b)subject to paragraph (2), has not made a claim for a winter fuel payment [F5on or before the 31st March] following the qualifying week in respect of the winter following that week.

(2) Paragraph (1)(b) shall not apply where—

(a)a payment has been made by virtue of regulation 4(1) [F6on or before the 31st March] following the qualifying week in respect of the winter following that week; or

(b)regulation 4(2) applies.

[F7(3) No person is entitled to a winter fuel payment for the winter of 1997 to 1998, 1998 to 1999 or 1999 to 2000 unless they have made a claim for such a payment on or before 31st March 2014.]

Textual Amendments

F3Word in reg. 3(1)(a)(ii) omitted (23.2.2015) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/67), regs. 1, 4(c)