Social Fund Winter Fuel Payment Regulations 2000
| Year | 2000 |
2000 No. 729
SOCIAL SECURITY
The Social Fund Winter Fuel Payment Regulations 2000
Made 13th March 2000
Laid before Parliament 13th March 2000
Coming into force 3rd April 2000
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921and sections 5(1)(a) and (i), and 189(1) and (4) of the Social Security Administration Act 19922and section 16(1) and section 79(1) and (4) of, and paragraph 3 of Schedule 5 to, the Social Security Act 19983and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it4, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2000 and shall come into force on 3rd April 2000.
(2) In these Regulations—
“free in-patient treatment” shall be construed in accordance with regulation 2(2) of the Social Security (Hospital In-Patients) Regulations 19755;
“Income Support Regulations” means the Income Support (General) Regulations 19876;
“qualifying week” means in respect of any year the week beginning on the third Monday in the September of that year;
“nursing home” has the meaning it bears in regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes);
“partner” means a member of–
(a) a married or unmarried couple; or
(b) a polygamous marriage;
“residential accommodation” has the meaning it bears in regulation 21(3) of the Income Support Regulations7(special cases); and
“residential care home” has the meaning it bears in regulation 19(3) of the Income Support Regulations.
(3) In these Regulations a person—
(a)
(a) is in residential care if, disregarding any period of temporary absence, he lives in–
(i) a residential care home;
(ii) a nursing home;
(iii) residential accommodation; or
(iv) accommodation provided under section 3(1) of the Polish Resettlement Act 19478(provision by the Secretary of State of accommodation in camps),
throughout the qualifying week and the period of 12 weeks immediately before the qualifying week;
(b)
(b) lives with another person if—
(i) disregarding any period of temporary absence, they share accommodation as their mutual home; and
(ii) they are not in residential care.
(4) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered regulation is to the regulation in these Regulations bearing that number; and
(b)
(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Social fund winter fuel payments
2. Subject to regulation 3, 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) £100 unless he is in residential care or head (ii)(aa) applies; or
(ii) £50 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.
Persons not entitled to a social fund winter fuel payment
3.—(1) Regulation 2 shall not apply in respect of a person who—
(a)
(a) is in the qualifying week—
(i) a partner of a person aged 60 or over in the qualifying week to whom income support or an income-based...
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