- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024 No. 351
9.—(1) An individual is not entitled to Pension Age Winter Heating Payment where they are—
(a)an individual who is receiving free in-patient treatment throughout the qualifying week and has been receiving that treatment for the 52 weeks immediately preceding the qualifying week,
(b)an individual who is detained in legal custody under a sentence imposed by a court throughout the qualifying week,
(c)an individual who—
(i)is living in a care home or independent hospital throughout the qualifying week, and
(ii)has lived in a care home or independent hospital for the 12 weeks immediately preceding the qualifying week, or
(d)one member of a couple or polygamous marriage where Pension Age Winter Heating Payment, or a winter fuel payment mentioned in regulation 4(1), has been paid in respect of the qualifying week to the other member of that couple or another member of that marriage, respectively.
(2) In this Regulation, where an individual lives in a care home or independent hospital, any period of temporary absence is disregarded.
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