{
  "url": "https://openlegislation.uk/age-related-payments-act-2004/section-3",
  "json_url": "https://openlegislation.uk/age-related-payments-act-2004/section-3.json",
  "legislation": "ukpga/2004/10",
  "legislation_title": "Age-Related Payments Act 2004",
  "legislation_url": "https://openlegislation.uk/age-related-payments-act-2004",
  "path": "section/3",
  "kind": "section",
  "number": "3",
  "heading": "Entitlement: special cases",
  "text": "(1) Where—\n(a) two or more couples live together, and\n(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)),\nthen each of those individuals shall instead be entitled to a payment of £50.\n(2) Where each member of a couple would (but for this subsection) be entitled to a payment under section 2(3)(b)—\n(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\n(b) the other member shall not be entitled to a payment under section 2(3)(b).\n(3) Where—\n(a) only one member of a couple is a qualifying individual,\n(b) he would (but for this subsection) be entitled to a payment under section 2(3),\n(c) the other member of the couple is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations 2000, and\n(d) the qualifying individual is not to receive a payment in 2004 under those regulations,\nthen—\n(i) that other member of the couple shall be entitled to a payment of £100, and\n(ii) the qualifying individual shall not be entitled to a payment under section 2(3).\n(4) Subsection (5) applies to a qualifying individual if—\n(a) on the last day of the relevant week he is living in a care home, and\n(b) throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a care home.\n(5) Where this subsection applies to a qualifying individual—\n(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\n(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.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/10/section/3",
    "retrieved_at": "2026-10-29T09:17:19.166802+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}