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3.—(1) Regulation 2 shall not apply in respect of a person who—
(a)is [F1throughout the qualifying week] —
[F2(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; F3...
(iii)detained in custody under a sentence imposed by a court; or
[F4(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 [F5on 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) [F6on or before the 31st March] following the qualifying week in respect of the winter following that week; or
(b)regulation 4(2) applies.
[F7(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
F1Words in reg. 3(1)(a) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 18(2)
F2Reg. 3(1)(a)(i) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 21(2)
F3Word in reg. 3(1)(a)(ii) omitted (23.2.2015) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/67), regs. 1, 4(c)
F4Reg. 3(1)(a)(iv) inserted (23.2.2015) by The Social Security (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/67), regs. 1, 4(c)
F5Words in reg. 3(1)(b) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 18(3)
F6Words in reg. 3(2)(a) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 18(3)
F7Reg. 3(3) added (16.9.2013) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2013 (S.I. 2013/1509), regs. 1, 2(3)