There are currently no known outstanding effects for The Emergency Fuel Payment Regulations (Northern Ireland) 2025, SCHEDULE 1.
Regulation 2
1.—(1) This Scheme may be cited as the Emergency Fuel Payment Scheme (Northern Ireland) 2025.
(2) In this Scheme:—
“couple” means—
two people who are married to, or civil partners of, each other and are members of the same household; or
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
“Emergency Fuel Payment” means a payment made under Paragraph 2 of Schedule 1 to this Scheme;
“free in-patient treatment” is to be construed in accordance with regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005(1);
“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(3);
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(4);
“polygamous marriage” means any marriage which took place under the laws of a country which permits polygamy where—
any member of the marriage is for the time being married to more than one person; and
all the members of the marriage are members of the same household;
“qualifying week” means in respect of the week from 16th to 22nd September 2024;
“residential care” means, disregarding any period of temporary absence, a person residing in—
a nursing home;
an independent hospital; or
accommodation provided under section 3(1) of the Polish Resettlement Act 1947(5);
“Social Fund Winter Fuel Payment” means a payment made under regulation 2 of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024(6);
“social security information” means information held by or on behalf of the Department and obtained as a result of, or for the purpose of, the exercise of the Department’s functions in relation to social security;
“withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(7).
Commencement Information
I1Sch. 1 para. 1 in operation at 3.3.2025, see reg. 1
2.—(1) Subject to paragraph 4 the Department must pay an Emergency Fuel Payment to a person where—
(a)that person has reached pensionable age in or before the qualifying week; and
(b)in respect of any day falling within the qualifying week, sub-paragraph (2) or (3) applies to the person.
(2) This sub-paragraph applies if the person is—
(a)ordinarily resident in Northern Ireland, and
(b)not entitled to a Social Fund Winter Fuel Payment [F1in accordance with the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024] .
(3) This sub-paragraph applies if the person is—
(a)habitually resident in any of the countries listed in Schedule 2;
(b)covered by—
(i)Title III of Part 2 of the withdrawal agreement, as set out at Article 30 of that agreement(8);
(ii)Title III of Part 2 of the EEA EFTA separation agreement, as set out at Article 29 of that agreement(9);
(iii)Part Three of the Swiss citizens’ rights agreement, as set out at Article 25 of that agreement(10); or
(iv)the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1st February 2019, as set out in Article 2 of that Convention(11); F2...
(c)able to demonstrate a genuine and sufficient link to the [F3Northern Ireland, with an applicable Northern Ireland postal address as determined by official government pension records; and] .
[F4(d)not entitled to a Social Fund Winter Fuel Payment in accordance with the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024.]
(4) Only one Emergency Fuel Payment shall be payable under this Scheme in respect of any person.
Textual Amendments
F1Words in Sch. 1 para. 2(2)(b) added (18.3.2025) by The Emergency Fuel Payment (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/45), regs. 1, 2(2)
F2Word in Sch. 1 para. 2(3)(b)(iv) omitted (18.3.2025) by virtue of The Emergency Fuel Payment (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/45), regs. 1, 2(3)
F3Words in Sch. 1 para. 2(3)(c) substituted (18.3.2025) by The Emergency Fuel Payment (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/45), regs. 1, 2(4)
F4Sch. 1 para. 2(3)(d) added (18.3.2025) by The Emergency Fuel Payment (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/45), regs. 1, 2(5)
Commencement Information
I2Sch. 1 para. 2 in operation at 3.3.2025, see reg. 1
3. The amount of an Emergency Fuel Payment is as follows—
(a)if the person is the only member of the household eligible for an Emergency Fuel Payment as set out in paragraph 2 of this Schedule, £100;
(b)if the person during the qualifying week is living with a person to whom an Emergency Fuel Payment has been, or falls to be, made in respect of the winter following the qualifying week, £50;
(c)if the person is living in residential care throughout the qualifying week, and for the period of 12 weeks immediately before the qualifying week, £50; or
(d)if the person is living in residential care throughout the qualifying week, and for a period of less than 12 weeks immediately before the qualifying week, £100.
Commencement Information
I3Sch. 1 para. 3 in operation at 3.3.2025, see reg. 1
4.—(1) Paragraph 2 of this Schedule does not apply in respect of a person who—
(a)throughout the qualifying week, is—
(i)one member of a couple where the Department has paid a Social Fund Winter Fuel Payment in respect of the qualifying week to the other member of that couple;
(ii)a member of a polygamous marriage where the Department has paid a Social Fund Winter Fuel Payment in respect of the qualifying week to another member of that marriage;
(iii)receiving free in-patient treatment and has been receiving free in-patient treatment for a period of at least 52 weeks ending immediately before the qualifying week; or
(iv)detained in custody under a sentence imposed by a court.
(b)having been ordinarily resident in Northern Ireland on a day falling within the qualifying week, becomes ordinarily resident in England and Wales or Scotland by the last day of that week; or
(c)has not made an application for a delayed Emergency Fuel Payment under paragraph 6 on or before 11th April following the qualifying week in respect of the winter following that week.
Commencement Information
I4Sch. 1 para. 4 in operation at 3.3.2025, see reg. 1
5. The Department may recover any payment made in error.
Commencement Information
I5Sch. 1 para. 5 in operation at 3.3.2025, see reg. 1
6.—(1) A person who is eligible for an Emergency Fuel Payment, and has not received it by 11th April 2025, may apply for a payment.
(2) An application under sub-paragraph (1) must—
(a)be made in writing to the Department or by telephone to the relevant telephone numbers published on the NI Direct website;
(b)be received by the Department by 30th June 2025; and
(c)specify the applicant’s name, address, date of birth and national insurance number.
(3) If the Department is satisfied that a person making an application under sub-paragraph (1) is eligible for an Emergency Fuel Payment and has not already received such a payment, the Department shall make that payment.
Commencement Information
I6Sch. 1 para. 6 in operation at 3.3.2025, see reg. 1
7. There will be no right of appeal.
Commencement Information
I7Sch. 1 para. 7 in operation at 3.3.2025, see reg. 1
8. The Emergency Fuel Payment shall be disregarded for social security benefits purposes.
Commencement Information
I8Sch. 1 para. 8 in operation at 3.3.2025, see reg. 1
9. The Department may use social security information for the purpose of determining whether a person is eligible for an Emergency Fuel Payment.
Commencement Information
I9Sch. 1 para. 9 in operation at 3.3.2025, see reg. 1
Article 2 was amended by paragraph 1(1)(d) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1).
S.I. 2003/431 (N.I. 9); Article 11 was amended by paragraph 1(1)(d) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1)
2020 c. 1; amended by S.I. 2024/164
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