Social Fund Cold Weather Payments (General) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/1724

1988 No. 1724

SOCIAL SECURITY

The Social Fund Cold Weather Payments (General) Regulations 1988

Made 7th October 1988

Laid before Parliament 7th October 1988

Coming into force 7th November 1988

The Secretary of State for Social Security in exercise of the powers conferred by sections 32(2A) and 84(1) of the Social Security Act 19861, and section 166(1) to (3A) of the Social Security Act 19752and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 6 months from the commencement of the enactment under which it is made, hereby makes the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Cold Weather Payments (General) Regulations 1988 and shall come into force on 7th November 1988.

(2) In these Regulations, unless the context otherwise requires–

“the Act” means the Social Security Act 1986;

“the General Regulations” means the Income Support (General) Regulations 19873;

“child” has the meaning assigned to it by section 20(11) of the Act;

“claimant” means a person claiming a payment out of the social fund under section 32(2A) of the Act to meet expenses for heating;

“family” has the meaning assigned to it by section 20(11) of the Act and for the purposes of these Regulations includes persons who are members of a polygamous marriage;

“home” means the dwelling, together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any premises not so occupied which it is impracticable or unreasonable to sell separately in particular, in Scotland, any croft land on which the dwelling is situated;

“income support” means income support under Part II of the Act and includes transitional addition, personal expenses addition and special transitional addition as defined in the Income Support (Transitional) Regulations 19874;

“mean daily temperature” means, in respect of a day, the average of the maximum temperature and minimum temperature recorded at a station for that day;

“period of cold weather” means a period of 7 days beginning on a Monday and ending on the following Sunday during which the average of the mean daily temperature for that period is equal to or below 0 degrees Celsius;

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

“station” means a National Climatological Message Station.

(3) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation is to the regulation in these Regulations bearing that number and a reference in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number.

S-2 Prescribed circumstances

Prescribed circumstances

2.—(1) Subject to regulation 4, the prescribed circumstances in which a payment may be made out of the social fund to meet expenses for heating under section 32(2A) of the Act are–

(a)

(a) a period of cold weather is recorded at a station described in column (1) of the Schedule to these Regulations or, if that station is unable to provide temperature information for the period in question, the nearest such station to that station able to provide temperature information for that period;

(b)

(b) the home of the claimant is, or by virtue of paragraph (2)(b) is treated as, situated in an area in respect of which the first-mentioned station in sub-paragraph (a) of this paragraph is the designated station; and

(c)

(c) the claimant has been awarded income support in respect of at least one day during such period of cold weather and either–

(i) the claimant’s applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part III of Schedule 2 to the General Regulations; or

(ii) a member of the claimant’s family is aged less than 2.

(2) For the purposes of this regulation–

(a)

(a) the station described in column (1) of the Schedule to these Regulations is the designated station for the areas described in the corresponding paragraph in column (2) of that Schedule;

(b)

(b) where the home of the claimant is not situated within an area described in column (2) of that Schedule, it shall be treated as situated within the area nearest to it described in that column.

S-3 Prescribed amount

Prescribed amount

3. Subject to regulation 4, the amount of the payment in respect of each period of cold weather shall be £5.

S-4 Effect and calculation of capital

Effect and calculation of capital

4.—(1) Where a claimant has any capital which is in excess of £500, a payment in respect of a period of cold weather which, but for this regulation, would be payable, shall be payable only to the extent that the amount of the payment would otherwise exceed the amount by which that capital exceeds £500.

(2) For the purposes of paragraph (1), the claimant’s capital shall be calculated in the same manner as his capital is calculated under the General Regulations for the purposes of determining his entitlement to income support.

Nicholas Scott

Minister of State,

Department of Social Security

7th October 1988

SCHEDULE

Regulation 2

SCHEDULE

Column (1)

Column (2)

National Climatological Message Station

Description of Area

1. ABERDEEN AIRPORT

(1) In the GRAMPIAN REGION

Comprises:

The City of ABERDEEN

The District of GORDON

The District of KINCARDINE AND DEESIDE

Part District of BANFF AND BUCHAN

Consisting of the parishes of: Aberdour, Auchterless, Crimond, Cruden, Fraserburgh, Fyvie, Gamrie, Inverkeithny, King Edward, Longside, Lonmay, Monquhitter, New Deer, Old Deer, Peterhead, Pitsligo, Rathen, St Fergus, Strichen, Turriff, Tyrie.

In the TAYSIDE REGION

Comprises: The District of ANGUS

2. ABERPORTH

(1) In the County of DYFED

Comprises: The District of CEREDIGION

3. AUGHTON

(1) In the County of CHESHIRE

Comprises: The Borough of ELLESMERE PORT AND NESTON

In the County of LANCASHIRE

Comprises:

The Borough of CHORLEY

The Borough of PRESTON

The Borough of SOUTH RIBBLE

The District of WEST LANCASHIRE

Part Borough of RIBBLE VALLEY

Consisting of the parishes of: Aighton Bailey and Chaigley, Bowland-with-Leagrain, Chipping, Dutton, Hothersall, Longridge, Ribchester, Thornley-with-Wheatley.

Part Borough of WYRE

Consisting of the parishes of: Barnacre-with-Bonds, Bilsborrow, Bleasdale, Catterall, Claughton, Garstang, Kirkland, Myerscough, Nateby.

In the County of MERSEYSIDE

Comprises:

The Borough of SEFTON

The Borough of WIRRAL

The District of LIVERPOOL

Part Borough of KNOWSLEY

Consisting of the parishes of: Halewood, Kirkby, Roby and Prescot, Simonswood, Whiston.

Part Borough of ST HELENS

Consisting of the parishes of: Billinge Chapel End, Bold, Eccleston, Rainford, Rainhill, St Helens (that part which lies West of Black Brook), Seneley Green, Windle.

4. BEDFORD ROYAL AIRCRAFT ESTABLISHMENT

(1) In the County of BEDFORDSHIRE

Comprises:

The Borough of LUTON

The Borough of NORTH BEDFORDSHIRE

The District of MID BEDFORDSHIRE

The District of SOUTH BEDFORDSHIRE

In the County of BUCKINGHAMSHIRE

Comprises: The Borough of MILTON KEYNES

In the County of NORTHAMPTONSHIRE

Comprises:

The Borough of KETTERING

The Borough of NORTHAMPTON

The Borough of WELLINGBOROUGH

The District of CORBY

The District of DAVENTRY

The District of EAST NORTHAMPTONSHIRE

The District of SOUTH NORTHAMPTONSHIRE

5. BIRMINGHAM AIRPORT

(1) In the County of HEREFORD AND WORCESTER

Comprises:

The City of WORCESTER

The Borough of REDDITCH

The District of BROMSGROVE

The District of WYCHAVON

The District of WYRE FOREST

Part District of LEOMINSTER

Consisting of the parishes of: Bayton, Bockleton, Eastham, Hanley, Knighton on Teme, Kyre, Lindridge, Mamble, Pensax, Rochford, Stanford with Orleton, Stockton on Teme, Stoke Bliss, Tenbury.

Part District of MALVERN HILLS

Consisting of the parishes of: Abberley, Alfrick, Astley and Dunley, Berrow, Birtsmorton, Bransford, Broadheath, Broadwas, Bushley, Castlemorton, Clifton upon Teme, Cotheridge, Croome D'Abitot, Doddenham, Earls Croome, Eldersfield, Great Malvern, Great Witley, Grimley, Guarlford, Hallow, Hanley Castle, Hill Croome, Hillhampton, Holdfast, Holt, Kempsey, Kenswick, Knightwick, Leigh, Little Malvern, Little Witley, Longdon, Lower Sapey, Lulsley, Madresfield, Malvern Wells, Martley, Newland, Pendock, Powick, Queenhill, Ripple, Rushwick, Severn Stoke, Shelsley Beauchamp, Shelsley Kings, Shelsley Walsh, Shrawley, Suckley, Upton upon Severn, Welland, West Malvern, Wichenford.

In the County of STAFFORDSHIRE

Comprises: Part District of SOUTH STAFFORDSHIRE

Consisting of the parishes of: Bilbrook, Bobbington, Brewood, Codsall, Enville, Himley, Kinver, Lower Penn, Pattingham and Patshull, Perton, Swindon, Trysull and Seisdon, Wombourne.

In the County of WARWICKSHIRE

Comprises:

The Borough of NORTH WARWICKSHIRE

The Borough of NUNEATON AND BEDWORTH

The Borough of RUGBY

The District of STRATFORD ON AVON

The District of WARWICK

In the County of WEST MIDLANDS

Comprises:

The City of BIRMINGHAM

The City of COVENTRY

The Borough of DUDLEY

The Borough of SANDWELL

The Borough of SOLIHULL

The Borough of WALSALL

The Borough of WOLVERHAMPTON

6. BLACKPOOL AIRPORT

(1) In the County of LANCASHIRE

Comprises:

The City of LANCASTER

The Borough of BLACKPOOL

The Borough of FYLDE

Part Borough of WYRE

Consisting of the parishes of: Cabus, Forton, Great Eccleston, Hambleton, Inskip-with-Sowerby, Knott End-on-Sea, Nether Wyresdale, Out Rawcliffe, Pilling, Preesall, St Michaels on Wyre, Stalmine-with-Staynall, Upper Rawcliffe-with-Tarnacre, Winmarleigh, and the towns of Fleetwood and Thornton Cleveleys.

7. BOSCOMBE DOWN

(1) In the County of DORSET

Comprises: Part District of NORTH DORSET

Consisting of the parishes of: Ashmore, Bourton, Buckhorn Weston, Cann, Compton Abbas...

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