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”.