The Social Fund Cold Weather Payments (General) Regulations 1988

Changes over time for: Section 1A

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[F1 Prescribed description of personsU.K.

1A.—(1) A cold weather payment may be made in the circumstances prescribed by regulation 2 to a person who satisfies the following conditions.

(2) The first condition is that, in respect of at least one day during the recorded or the forecasted period of cold weather specified in regulation 2(1)(a), the person has been awarded—

(a)state pension credit;

(b)income support;

(c)an income-based jobseeker’s allowance; F2...

(d)an income-related employment and support allowance[F3; F4...

(e)universal credit][F5; or

(f)owner-occupier loan payments and is treated as entitled to a benefit specified in sub-paragraphs [F6(b)] to (d).]

[F7(g)owner-occupier loan payments and is treated as entitled to state pension credit.]

(3) The second condition (which applies only if the person (“P”) falls within paragraph (2)(b), [F8(c), [F9(d), (e) or (f)]]) is that, in respect of the day to which paragraph (2) relates—

(a)P’s family includes a member aged less than 5;

(b)where P has been awarded income support, P’s applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;

(c)where P has been awarded a jobseeker’s allowance, P’s applicable amount includes one or more of the premiums specified in paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

[F10(d)P’s child tax credit includes a disability element within the meaning of section 9(3) of the Tax Credits Act 2002;]

(e)where P has been awarded an employment and support allowance [F11and]—

(i)[F12P’s applicable amount includes] one or more of the premiums specified in paragraphs 5 to 7 of Schedule 4 to the Employment and Support Allowance Regulations 2008, or

[F13(ii)P is a member of the work-related activity group or is a member of the support group; F14...]

[F15(f)where P has been awarded universal credit—

(i)the award includes an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled); or

[F16(ii)P has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013]][F17; or

(g)where P has been awarded owner-occupier loan payments, P’s applicable amount, if P were entitled to a benefit specified in paragraph (2)(b) to (d), would include one or more of the premiums specified in—

(aa)where P is treated as entitled to income support, paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;

(bb)where P is treated as entitled to jobseeker’s allowance, paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

(cc)where P is treated as entitled to employment and support allowance, paragraphs 5 to 7 of Schedule 4 to the Employment and Support Allowance Regulations 2008.]

[F18(3A) In [F19paragraphs (2) and (3)], a person being treated as entitled to a benefit has the meaning given to it in regulation 2(2)(aa) of the Loans for Mortgage Interest Regulations 2017.]

(4) The third condition (which does not apply to a person who comes [F20within] paragraph (3)(a) or (d)) is that the person does not reside in—

(a)a care home;

(b)an independent hospital;

(c)an establishment run by the Abbeyfield Society or by a body corporate or incorporate which is affiliated to that Society; or

(d)accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps).

[F21(4A) In relation to a person who has been awarded universal credit, the third condition applies as if paragraph (4)(d) were omitted.]

(5) In paragraph (4) —

(a)“care home” in England F22... has the meaning assigned to it by section 3 of the Care Standards Act 2000, [F23in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over] and in Scotland means a care home service as defined by [F24paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010];

(b)“independent hospital”—

(i)in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

(ii)in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

(iii)in Scotland, means an independent healthcare service as defined in [F25section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978].]

[F26(6) The fourth condition, which applies only where the person has been awarded universal credit and their award of universal credit does not include an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled) is that—

(a)in a case where a cold weather payment is payable in relation to a recorded period of cold weather as mentioned in regulation 2(1)(a)(i), the person was not in employment or gainful self-employment on any day during that period; or

(b)in a case where a cold weather payment is payable in relation to a forecasted period of weather as mentioned in regulation 2(1)(a)(ii), the person is not in employment or gainful self-employment on the day when the [F27Met] Office supplies the Department for Work and Pensions with the forecast.

(7) For the purpose of paragraph (6)—

(a)“employment” means employment under a contract of service, or in an office, including an elective office;

(b)a person is in gainful self-employment where—

(i)they are carrying on a trade, profession or vocation as their main employment;

(ii)their earnings from that trade, profession or vocation are treated as self-employed earnings for the purpose of regulations made under section 8(3) of the 2012 Act; and

(iii)the trade, profession or vocation is organised, developed, regular and carried on in expectation of profit.]

[F28(8) The fifth condition is that the person’s home is in England or Wales.]

Textual Amendments

F1Reg. 1A substituted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2010 (S.I. 2010/2442), regs. 1(2), 2(3)

F2Word in reg. 1A(2) omitted (1.11.2013) by virtue of The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(3)(a)

F3Reg. 1A(2)(e) and word added (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(3)(b)

F4Word in reg. 1A(2) omitted by S.I. 2017/725, Sch. 5 para. 10(3)(a)(i) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)

F5Reg. 1A(2)(f) and word inserted by S.I. 2017/725, Sch. 5 para. 10(3)(a)(ii) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)

F6Word in reg. 1A(2)(f) substituted (15.3.2021) by The Loans for Mortgage Interest (Amendment) Regulations 2021 (S.I. 2021/131), regs. 1(b), 3(2)(a)

F7Reg. 1A(2)(g) inserted (15.3.2021) by The Loans for Mortgage Interest (Amendment) Regulations 2021 (S.I. 2021/131), regs. 1(b), 3(2)(b)

F8Words in reg. 1A(3) substituted (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(4)(a)

F9Words in reg. 1A(3) substituted by S.I. 2017/725, Sch. 5 para. 10(3)(b)(i) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)