2

1

Subject to paragraphs (2) and (3) and regulation 3 of these Regulations and regulation 35(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 19875, the Department shall pay to a person who –

a

in respect of any day falling within the qualifying week is ordinarily resident in Northern Ireland, and

b

has attained the age of 60 in or before the qualifying week,

a winter fuel payment of –

i

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

ii

£100 if income support or an income-based jobseeker’s 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 £200 there shall be substituted £300, and

b

in paragraph (1)(ii), for £100 there shall be substituted £200, except that 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 the qualifying week, who has also attained the age of 80 in or before that week, there shall be substituted £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 £200 there shall be substituted £300.