Social fund winter fuel paymentsE+W+S

[F12.—(1) Subject to paragraphs (2) [F2to (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)[F3in 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)[F4in 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 [F5state pension credit][F6, 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)[F7in 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.]

[F8(4) A person does not qualify for a winter fuel payment by virtue of falling within paragraph (2)(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)