2000 No. 729
The Social Fund Winter Fuel Payment Regulations 2000
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992M1 and sections 5(1)(a) and (i), and 189(1) and (4) of the Social Security Administration Act 1992M2 and section 16(1) and section 79(1) and (4) of, and paragraph 3 of Schedule 5 to, the Social Security Act 1998M3 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itM4, hereby makes the following Regulations:C4
1992 c. 4; section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed". Section 175(1) was amended by the Transfer of Functions Act 1999 (c. 11), Schedule 8, paragraph 41.
See section 173(1)(b) of the Social Security Administration Act 1992.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2000 and shall come into force on 3rd April 2000.
2
In these Regulations—
F8“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service as defined by F21paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;
- a
two people who are married to, or civil partners of, each other and are members of the same household; or - b
two people who are not married to, or civil partners of, each other but are living together as a married couple;
- a
M5F32“free in-patient treatment" shall be construed in accordance with regulation F132(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;
F14“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
F33...
F20“independent hospital”—
- a
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
- b
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
- c
in Scotland, means an independent healthcare service as defined in F22section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;
- a
F17“qualifying age for state pension credit” means—
- a
in the case of a woman, pensionable age; or
- b
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
- a
“qualifying week" means in respect of any year the week beginning on the third Monday in the September of that year;
F7...
“partner" means a member of–
- a
F12a couple; or
- b
a polygamous marriage;
- a
F7...
F5“state pension credit” has the meaning assigned to it by section 1 of the State Pension Credit Act 2002;
F1...
F23
F9... in these Regulations a person—
a
is in residential care if, disregarding any period of temporary absence, he resides in—
i
F10a care home;
ii
F10an independent hospital; or
iv
accommodation provided under section 3(1) of the Polish Resettlement Act 1947 M6 (provision by the Secretary of State of accommodation in camps),
throughout the qualifying week and the period of 12 weeks immediately before the qualifying week;
b
lives with another person if—
i
disregarding any period of temporary absence, they share accommodation as their mutual home; and
ii
they are not in residential care.
F113A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In these Regulations, unless the context otherwise requires, a reference—
a
to a numbered regulation is to the regulation in these Regulations bearing that number; and
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Social fund winter fuel paymentsC1C2C3F32
1
Subject to paragraphs (2) F27to (4) and regulation 3 of these Regulations, and regulation 36(2) of the Social Security (Claims and Payments) Regulations 1987, the Secretary of State shall pay to a person who—
a
F28in respect of any day falling within the qualifying week is—
i
ordinarily resident in Great Britain; or
ii
habitually resident in Switzerland or an EEA state other than the United Kingdom; and
b
F18in or before the qualifying week has attained the qualifying age for state pension credit,
a winter fuel payment of—
i
£200 unless he is in residential care or head (ii)(aa) applies; or
ii
£100 if F6state pension creditF15, an income-based jobseeker's allowance or an income-related employment and support allowance has not been, nor falls to be, paid to him in respect of the qualifying week and he is—
aa
in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following the qualifying week; or
bb
in residential care.
2
Where such a person has attained the age of 80 in or before the qualifying week—
a
in paragraph (1)(i), for the sum of £200 there shall be substituted the sum of £300; and
b
F4in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that—
i
where he is in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following that week who has also attained the age of 80 in or before that week, or
ii
where he is in residential care,
there shall be substituted the sum of £150.
3
Where such a person has not attained the age of 80 in or before the qualifying week but he is a partner of and living with a person who has done so, in paragraph (1)(i) for the sum of £200 there shall be substituted the sum of £300.
F294
A person does not qualify for a winter fuel payment by virtue of falling within paragraph F34(1)(a)(ii) above unless—
a
they are a person to whom Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, or Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems, applies; and
b
they are able to demonstrate a genuine and sufficient link to the United Kingdom social security system.
Persons not entitled to a social fund winter fuel payment3
1
Regulation 2 shall not apply in respect of a person who—
a
is F23throughout the qualifying week —
F19i
a partner of, and living with, a person who attained the qualifying age for state pension credit in or before the qualifying week and to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week;
ii
receiving free in-patient treatment and has been receiving free in-patient treatment for more than 52 weeks; F36...
iii
detained in custody under a sentence imposed by a court; or
F35iv
in residential care and is a person to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week; or
b
subject to paragraph (2), has not made a claim for a winter fuel payment F24on or before the 31st March following the qualifying week in respect of the winter following that week.
2
Paragraph (1)(b) shall not apply where—
a
a payment has been made by virtue of regulation 4(1) F25on or before the 31st March following the qualifying week in respect of the winter following that week; or
b
regulation 4(2) applies.
F303
No person is entitled to a winter fuel payment for the winter of 1997 to 1998, 1998 to 1999 or 1999 to 2000 unless they have made a claim for such a payment on or before 31st March 2014.
Making a winter fuel payment without a claim4
1
Subject to paragraph (2), the Secretary of State may F26on or before the 31st March of the year following the year in which the qualifying week falls make a winter fuel payment under regulation 2 in respect of the preceding winter to a person who (disregarding regulation 3(b)) appears from official records held by the Secretary of State to be entitled to a payment under that regulation.
2
Where a person becomes entitled to income supportF16, state pension credit or an income-related employment and support allowance in respect of the qualifying week by virtue of a decision made after that week that section 115 of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to him the Secretary of State shall make a winter fuel payment to that person under regulation 2 in respect of the winter following the qualifying week.
3
Subject to paragraph (4), for the purposes of paragraphs (1) and (2) official records held by the Secretary of State as to a person’s circumstances shall be sufficient evidence thereof for the purpose of deciding his entitlement to a winter fuel payment and its amount.
4
Paragraph (3) shall not apply so as to exclude the revision of a decision under section 9 of the Social Security Act 1998 (revision of decisions) or the supersession of a decision under section 10 M7 of that Act (decisions superseding earlier decisions) or the consideration of fresh evidence in connection with the revision or supersession of a decision.
Revocations5
Signed by Authority of the Secretary of State for Social Security.
Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)