(This note is not part of the Regulations)
These Regulations require the Secretary of State to pay a winter fuel payment to a person who, in the week beginning on the third Monday in September in any year, has reached pensionable age, and
is ordinarily resident in England and Wales and entitled to income support, income-based jobseeker’s allowance, state pension credit, income-related employment and support allowance or universal credit (“relevant benefits”) or an award of child tax credit or working tax credit of not less than £26 in respect of the tax year 2024-25; or
is habitually resident in one of the countries listed in Schedule 1 and demonstrates an entitlement to a benefit in that country which is equivalent to a relevant benefit, if that person is covered by the Withdrawal Agreement or one of the other Agreements listed in regulation 2(3)(b) and they are able to demonstrate a genuine and sufficient link to the United Kingdom.
A person is not entitled to a winter fuel payment where the person:
is a member of a couple where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to the other member of the couple;
is a member of a polygamous marriage where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to another member of that marriage;
has been in hospital getting free treatment for more than a year;
is in prison serving a sentence throughout the qualifying week;
is in residential care throughout the qualifying week and the period of 12 weeks immediately before that week; or
has not made a claim for a winter fuel payment by 31 March following the qualifying week.
There are exceptions to the requirement to make a claim for a winter fuel payment. The first exception applies if the Secretary of State has paid a winter fuel payment to a person who appears to be eligible (based on official records) before 31 March.
The second exception applies if a person becomes entitled to state pension credit, universal credit, child tax credit or working tax credit in respect of a day in the qualifying week by virtue of a decision made after that week. In those circumstances, a winter fuel payment may be paid to the person if it appears to the Secretary of State that they are eligible.
The amount of a winter fuel payment is £300, if the person has reached the age of 80 in or before the qualifying week or they are in a couple or a polygamous marriage and the other member of that couple or marriage has reached that age, and £200, in any other case.
These Regulations revoke the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) as well as provisions amending those Regulations. Provision is also made for the provisions giving entitlement to winter fuel payments to persons habitually resident in one of the countries listed in Schedule 1 to expire on 1st April 2025.
Hard copies of the documents referenced in regulation 2(3)(b) are available by writing to the International Policy team, Department for Work and Pensions, Caxton House, Tothill Street, London, SW1H 9NA.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.