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 in the qualifying week—

[F1(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; or

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

(b)subject to paragraph (2), has not made a claim for a winter fuel payment 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) before the 31st March following the qualifying week in respect of the winter following that week; or

(b)regulation 4(2) applies.

Textual Amendments