The Social Fund Winter Fuel Payment Regulations 2025
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Change 1
5 Making a Winter Fuel Payment without a claim
(1) The Secretary of State may, on or before the 31st March following the qualifying week, pay to P a winter fuel payment if (disregarding regulation 4(5)) P appears to the Secretary of State to be entitled to a winter fuel payment under regulation 2. (2) Where P becomes entitled to a relevant benefit in respect of the qualifying week by virtue of a decision made after that week that section 115(1) of the Immigration and Asylum Act 1999 (exclusion from benefits) ceases to apply to P, the Secretary of State must pay a winter fuel payment to that person in respect of the qualifying week. (3) Subject to paragraph (4), for the purposes of paragraphs (1) and (2), official records held by the Secretary of State as to a person's circumstances are sufficient evidence for the purpose of deciding a person’s entitlement to a winter fuel payment and its amount. (4) Paragraph (3) does not apply so as to exclude the revision of a decision under section 9 of the Social Security Act 1998 (revision of decisions) or the supersession of a decision under section 10 of that Act (decisions superseding earlier decisions) or the consideration of fresh evidence in connection with the revision or supersession of a decision.
5 Making a Winter Fuel Payment without a claim
(1) The Secretary of State may, on or before the 31st March following the qualifying week, pay to P a winter fuel payment if (disregarding regulation 4(5)) P appears to the Secretary of State to be entitled to a winter fuel payment under regulation 2. (2) Where P becomes entitled to a relevant benefit in respect of the qualifying week by virtue of a decision made after that week that section 115(1) of the Immigration and Asylum Act 1999 (exclusion from benefits) ceases to apply to P, the Secretary of State must pay a winter fuel payment to that person in respect of the qualifying week. (3) Subject to paragraph (4), for the purposes of paragraphs (1) and (2), official records held by the Secretary of State as to a person's circumstances are sufficient evidence for the purpose of deciding a person’s entitlement to a winter fuel payment and its amount. (4) Paragraph (3) does not apply so as to exclude the revision of a decision under section 9 of the Social Security Act 1998 (revision of decisions) or the supersession of a decision under section 10 of that Act (decisions superseding earlier decisions) or the consideration of fresh evidence in connection with the revision or supersession of a decision.
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