Regulation 5 Entitlement: guarantee credit special cases

(1)

Where—

(a)

only one member of a couple is a qualifying individual;

(b)

he would (but for this paragraph) be entitled to a payment under regulation 4(2);

(c)

the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and

(d)

the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

(i)

that other member of the couple shall be entitled to a payment of £50; and

(ii)

the qualifying individual shall not be entitled to a payment under regulation 4(2).

(2)

A qualifying individual shall not be entitled to a payment under this Part 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.

(3)

Where a person who ceases to be entitled to a payment by virtue of paragraph (2) is part of a couple, in the application of regulation 4(2) and (3) to the other member of the couple, the person who ceases to be entitled under paragraph (2) shall be treated as a non-qualifying individual.