The Social Fund Winter Fuel Payment Regulations 2000

Citation, commencement and interpretation E+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 section 2(3) of the Regulation of Care (Scotland) Act 2001;]

• [F2 “couple” means—

  (a)

  a man and woman who are married to each other and are members of the same household;

  (b)

  a man and woman who are not married to each other but are living together as husband and wife;

  (c)

  two people of the same sex who are civil partners of each other and are members of the same household; or

  (d)

  two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

  and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;;]

• M1 “free in-patient treatment" shall be construed in accordance with regulation [F3 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005];

• [F4 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

• M2 “Income Support Regulations" means the Income Support (General) Regulations 1987 ;

• [F1 “independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;]

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

• F5 ...

• “partner" means a member of–

  (a)

  [F6 a couple]; or

  (b)

  a polygamous marriage;

• F5 ...

• [F7 “state pension credit” has the meaning assigned to it by section 1 of the State Pension Credit Act 2002;]

• F8 ...

[F9 (3) F10 ... in these Regulations a person—

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

(i) [F11 a care home;]

(ii) [F11 an independent hospital; or]

(iv) accommodation provided under section 3(1) of the Polish Resettlement Act 1947 M3 (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.]

F12 (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

F1 Words in reg. 1(2) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 8(2)(a)(ii)

F2 Words in reg. 1(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 32(a) (with art. 3)

F3 Words in reg. 1(2) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 7

F4 Words in reg. 1(2) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 7(2)

F5 Words in reg. 1(2) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 8(2)(a)(i)

F6 Words in reg. 1(2) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 32(b) (with art. 3)

F7 Words in reg. 1 inserted (20.9.2004) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2004 (S.I. 2004/2154), regs. 1, 2(a)

F8 Words in reg. 1(2) omitted (13.11.2000) by virtue of The Social Fund Winter Fuel Payment (Amendment) Regulations 2000 (S.I. 2000/2864), regs. 1, 2(a)(i)

F9 Reg. 1(3)(3A) substituted (2.11.2001) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2001 (S.I. 2001/3375), regs. 1, 2(2)

F10 Words in reg. 1(3) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 8(2)(b)(i)

F11 Reg. 1(3)(a)(i)(ii) substituted for (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 8(2)(b)(ii)

F12 Reg. 1(3A) omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 8(2)(c)

Marginal Citations

M1 S.I. 1975/555; regulation 2(2) was substituted by S.I. 1992/2595.

M2 S.I. 1987/1967.

M3 1947 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).