2

1

Subject to paragraphs (2) and (3) and regulation 3 of these Regulations, and regulation 36(2) of the Social Security (Claims and Payments) Regulations 19874, the Secretary of State shall pay to a person who—

a

in respect of any day falling within the qualifying week is ordinarily resident in Great Britain; and

b

has attained the age of 60 in or before the qualifying week,

a winter fuel payment of—

i

£200 unless he is in residential care or head (ii)(aa) applies; or

ii

£100 if income support or an income-based jobseeker’s 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

in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that 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, 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.