The Social Fund Winter Fuel Payment (Amendment) Regulations 2001

Amendment of the Social Fund Winter Fuel Payment Regulations 2000

2.—(1) The Social Fund Winter Fuel Payment Regulations 2000(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1 (citation, commencement and interpretation) there shall be substituted for paragraphs (3) and (3A) the following paragraphs—

“(3) Subject to paragraph (3A), in these Regulations a person—

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

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

(a) a person resides in a residential care home where the home in which he resides is included in sub-paragraphs (a) to (c) of paragraph 2A(3) of Schedule 2 to the Income Support Regulations;

(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 (applicable amounts for persons in residential care and nursing homes).”.

(3) In regulation 2 (social fund winter fuel payments)—

(a) in sub-paragraph (i), for the sum “£150” there shall be substituted the sum “£200”; and

(b) in sub-paragraph (ii), for the sum “£75” there shall be substituted the sum “£100”.

(1)

S.I. 2000/729. Relevant amending instruments are S.I. 2000/2229 and 2864.