The Social Fund Winter Fuel Payment Regulations 2025
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Change 1
4 Persons not entitled to a Winter Fuel Payment
(1) Regulation 2 does not apply to P if any of the circumstances in paragraphs (2) to (5) applies. (2) This paragraph applies where, throughout the qualifying week, P is— (a) a partner of and living with a person (“P’s partner”) who has reached pensionable age in or before the qualifying week and P’s partner is a person to whom a relevant benefit has been, or falls to be, paid in respect of the qualifying week, (b) receiving free in-patient treatment and has been receiving free in-patient treatment for a period of more than 52 weeks ending immediately before the qualifying week, or (c) detained in custody under a sentence imposed by a court. (3) This paragraph applies where P is in residential care and a relevant benefit has been, or falls to be, paid to P in respect of the qualifying week. (4) This paragraph applies where, having been ordinarily resident in England or Wales on any day falling within the qualifying week, P becomes ordinarily resident in Scotland or Northern Ireland on or before the last day of that week. (5) Subject to paragraph (6), this paragraph applies where P has not made a claim for a winter fuel payment on or before the 31st March following the qualifying week. (6) Paragraph (5) does not apply where— (a) a winter fuel payment has been made by virtue of regulation 5(1) in respect of the qualifying week, or (b) regulation 5(2) applies.
4 Persons not entitled to a Winter Fuel Payment
(1) Regulation 2 does not apply to P if any of the circumstances in paragraphs (2) to (5) applies. (2) This paragraph applies where, throughout the qualifying week, P is— (a) a partner of and living with a person (“P’s partner”) who has reached pensionable age in or before the qualifying week and P’s partner is a person to whom a relevant benefit has been, or falls to be, paid in respect of the qualifying week, (b) receiving free in-patient treatment and has been receiving free in-patient treatment for a period of more than 52 weeks ending immediately before the qualifying week, or (c) detained in custody under a sentence imposed by a court. (3) This paragraph applies where P is in residential care and a relevant benefit has been, or falls to be, paid to P in respect of the qualifying week. (4) This paragraph applies where, having been ordinarily resident in England or Wales on any day falling within the qualifying week, P becomes ordinarily resident in Scotland or Northern Ireland on or before the last day of that week. (5) Subject to paragraph (6), this paragraph applies where P has not made a claim for a winter fuel payment on or before the 31st March following the qualifying week. (6) Paragraph (5) does not apply where— (a) a winter fuel payment has been made by virtue of regulation 5(1) in respect of the qualifying week, or (b) regulation 5(2) applies.
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