Eligibility rules for child winter heating assistanceI14

1

An individual is entitled to be paid child winter heating assistance in respect of a qualifying week if, in respect of any day within the qualifying week the individual is—

a

a child or young person,

F3b

entitled to receive payment of the highest rate of the care component of—

i

Disability Living Allowance, or

ii

Child Disability Payment, and

c

either—

i

resident in Scotland, or

ii

habitually resident in F1Switzerland or an EEA state listed in the schedule and has a genuine and sufficient link to Scotland.

2

For the purposes of the rule in F4paragraph (1)(b)(i), an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week, regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991 M1 applies to the individual.

F23

For the purposes of the rule in paragraph (1)(b)(ii), an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week—

a

regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) of the 2021 Regulations applies to the individual, or

b

regulation 20 (entitlement beginning while in alternative accommodation) of the 2021 Regulations applies to the individual due to the individual being resident in a care home.

4

In paragraph (3), “care home” has the meaning given in regulation 2 of the 2021 Regulations.