Amendment of the Social Fund Winter Fuel Payment Regulations 20002

In the Social Fund Winter Fuel Payment Regulations 20003—

a

in regulation 1 (citation, commencement and interpretation)—

i

in paragraph (2), the definition of “residential care home” shall be omitted;

ii

in paragraph (3)—

aa

for the words “In these” there shall be substituted the words “Subject to paragraph (3A), in these”; and

bb

for the word “lives” there shall be substituted the word “resides”;

iii

after paragraph (3) there shall be inserted the following paragraph—

3A

For the purposes of paragraph (3)(a)(i)—

a

paragraph 2A(3) of Schedule 2 to the Income Support Regulations4 (applicable amounts) shall apply as if—

i

for the words “sub-paragraph (2), but subject to sub-paragraph (4),” there were substituted the words “regulation 1(3)(a)(i) of the Social Fund Winter Fuel Payment Regulations 2000”; and

ii

the words from “and a person resides in” to the end of that sub-paragraph were omitted; and

b

a person who resides in an establishment which is not a residential care home shall be treated as residing in a residential care home during any period when he has a preserved right under regulation 19 of the Income Support Regulations5 (applicable amounts for persons in residential care and nursing homes).

b

in regulation 3(1)(a)(i) (persons not entitled to a social fund winter fuel payment), for the words “of a person” there shall be substituted the words “of, and living with, a person”.