Amendment of the Social Fund Winter Fuel Payment Regulations 2000

2.  In the Social Fund Winter Fuel Payment Regulations 2000(1)—

(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 Regulations(2) (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 Regulations(3) (applicable amounts for persons in residential care and nursing homes).; and

(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”.

(1)

S.I. 2000/729, amended by S.I. 2000/2229.

(2)

Regulation 2A(3) was inserted by S.I. 1992/3147.

(3)

Regulation 19 was amended by S.I. 1988/663, 1445 and 2022, 1989/1678, 1991/1033, 1992/3147, 1993/2119, 1994/527 and 2139 and 1996/462.