Entitlement: special cases
5.—(1) Where—
(a)two or more couples live together, and
(b)two or more individuals, each of whom is part of one of the couples, would (but for this paragraph) be entitled to a payment under Article 4(3)(a) (and not under Article 4(3)(b)),
then each of those individuals shall instead be entitled to a payment of £50.
(2) Where each member of a couple would (but for this paragraph) be entitled to a payment under Article 4(3)(b)—
(a)the member who is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 (S.R. 2000 No. 91) shall be entitled to the payment under Article 4(3)(b), and
(b)the other member shall not be entitled to a payment under Article 4(3)(b).
(3) Where—
(a)only one member of a couple is a qualifying individual,
(b)he would (but for this paragraph) be entitled to a payment under Article 4(3),
(c)the other member of the couple is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000, and
(d)the qualifying individual is not to receive a payment in 2004 under those regulations,
then—
(i)that other member of the couple shall be entitled to a payment of £100, and
(ii)the qualifying individual shall not be entitled to a payment under Article 4(3).
(4) Paragraph (5) applies to a qualifying individual if—
(a)on the last day of the relevant week he is living in a residential care home or a nursing home, and
(b)throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a residential care home or a nursing home.
(5) Where this paragraph applies to a qualifying individual—
(a)if he is not in receipt of state pension credit at any time in the relevant week, he shall be entitled to a payment of £50 (and he shall not be entitled to a payment under Article 4), and
(b)if at any time in the relevant week he is in receipt of state pension credit, he shall not be entitled to a payment under Article 4 or this Article.
(6) Where a person to whom paragraph (5) applies is part of a couple, in the application of Article 4(3) and (4) to the other member of the couple the person to whom paragraph (5) applies shall be treated as a non-qualifying individual.
(7) In this Article—
“nursing home” has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992 (NI 20); and
“residential care home” has the meaning given by Article 3 of that Order but shall include an establishment as set out in paragraph (2)(f) of that Article.