The Social Fund Winter Fuel Payment Regulations 2000

Statutory Instruments

2000 No. 729

SOCIAL SECURITY

The Social Fund Winter Fuel Payment Regulations 2000

Made

13th March 2000

Laid before Parliament

13th March 2000

Coming into force

3rd April 2000

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:

Modifications etc. (not altering text)

Marginal Citations

M11992 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.

M4 See section 173(1)(b) of the Social Security Administration Act 1992.

Citation, commencement and interpretationE+W+S

1.—(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—

  • [F1“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 [F2paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010];]

  • [F3[F4“couple” means—

    (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;]]

  • M5[F3“free in-patient treatment" shall be construed in accordance with regulation [F52(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005];

  • [F6“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • F7...

  • [F8“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 [F9section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978];]

  • [F10“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;]

  • “qualifying week" means in respect of any year the week beginning on the third Monday in the September of that year;

  • F11...

  • “partner" means a member of–

    (a)

    [F12a couple]; or

    (b)

    a polygamous marriage;

  • F11...

  • [F13“state pension credit” has the meaning assigned to it by section 1 of the State Pension Credit Act 2002;]

  • F14...

[F15(3) F16... in these Regulations a person—

(a)is in residential care if, disregarding any period of temporary absence, he resides in—

(i)[F17a care home;]

(ii)[F17an 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.]

F18(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

Marginal Citations

M5S.I. 1975/555; regulation 2(2) was substituted by S.I. 1992/2595.

M61947 c. 19; section 3(1) was amended by the Ministry of Social Security Act 1966 (c. 20), section 39(1) and Schedule 6, paragraph 3(1) and the Social Security Act 1980 (c. 30), section 20(1) and Schedule 4, paragraph 1(1)(a).

Social fund winter fuel paymentsE+W+S

[F192.—(1) Subject to paragraphs (2) [F20to (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)[F21in 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)[F22in 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 [F23state pension credit][F24, 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)[F25in 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.]

[F26(4) A person does not qualify for a winter fuel payment by virtue of falling within paragraph [F27(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.]

Textual Amendments

Modifications etc. (not altering text)

Persons not entitled to a social fund winter fuel paymentE+W+S

3.—(1) Regulation 2 shall not apply in respect of a person who—

(a)is [F28throughout the qualifying week] —

[F29(i)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; F30...

(iii)detained in custody under a sentence imposed by a court; or

[F31(iv)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 [F32on 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) [F33on or before the 31st March] following the qualifying week in respect of the winter following that week; or

(b)regulation 4(2) applies.

[F34(3) 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.]

Textual Amendments

Making a winter fuel payment without a claimE+W+S

4.—(1) Subject to paragraph (2), the Secretary of State may [F35on 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 support[F36, 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.

Textual Amendments

Marginal Citations

M7Section 10 was amended by paragraph 23 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

RevocationsE+W+S

5.  The Social Fund Winter Fuel Payment Regulations 1998 M8, the Social Fund Winter Fuel Payment Amendment Regulations 1998 M9 and the Social Fund Winter Fuel Payment Amendment Regulations 1999 M10 are hereby revoked.

Marginal Citations

Signed by Authority of the Secretary of State for Social Security.

Angela Eagle

Parliamentary Under-Secretary of State,

Department of Social Security

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for winter fuel payments to be made out of the social fund to persons who, in the third week of September in any year—

(a)  are aged 60 or over;E+W+S

(b)  are ordinarily resident in Great Britain;E+W+S

(c)  satisfy the criteria in regulation 2; andE+W+S

(d)  are not excluded by regulation 3.E+W+S

Regulation 4 provides for winter fuel payments to be made without the need for a claim to persons—

(a)  whose entitlement thereto can be established from official records held by the Secretary of State; andE+W+S

(b)  who are entitled to income support in the third week in September in a year by virtue of a decision made after that week that they are refugees.E+W+S

It further provides that decisions as to entitlement which are made without a claim may be made on the basis of official records but not so as to exclude the consideration of other evidence on a revision or supersession of that decision under the Social Security Act 1998.

Regulation 5 revokes legislation which has hitherto provided for social fund winter fuel payments.

These Regulations do not impose a charge on businesses.