Section 3 Entitlement: special cases

(1)

Where—

(a)

two or more couples live together, and

(b)

two or more individuals, each of whom is part of one of the couples, would (but for this subsection) be entitled to a payment under section 2(3)(a) (and not under section 2(3)(b)),

then each of those individuals shall instead be entitled to a payment of £50.

(2)

Where each member of a couple would (but for this subsection) be entitled to a payment under section 2(3)(b)—

(a)

the member who is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) shall be entitled to the payment under section 2(3)(b), and

(b)

the other member shall not be entitled to a payment under section 2(3)(b).

(3)

Where—

(a)

only one member of a couple is a qualifying individual,

(b)

he would (but for this subsection) be entitled to a payment under section 2(3),

(c)

the other member of the couple is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations 2000, and

(d)

the qualifying individual is not to receive a payment in 2004 under those regulations,

then—

(i)

that other member of the couple shall be entitled to a payment of £100, and

(ii)

the qualifying individual shall not be entitled to a payment under section 2(3).

(4)

Subsection (5) applies to a qualifying individual if—

(a)

on the last day of the relevant week he is living in a care home, and

(b)

throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a care home.

(5)

Where this subsection applies to a qualifying individual—

(a)

if he is not in receipt of state pension credit at any time in the relevant week, he shall be entitled to a payment of £50 (and he shall not be entitled to a payment under section 2), and

(b)

if at any time in the relevant week he is in receipt of state pension credit, he shall not be entitled to a payment under section 2 or this section.

(6)

Where a person to whom subsection (5) applies is part of a couple, in the application of section 2(3) and (4) to the other member of the couple the person to whom subsection (5) applies shall be treated as a non-qualifying individual.