{
  "url": "https://openlegislation.uk/draft-age-related-payments-regulations-2005/regulation-5",
  "json_url": "https://openlegislation.uk/draft-age-related-payments-regulations-2005/regulation-5.json",
  "legislation": "ukdsi/2005/011072996X",
  "legislation_title": "The Age-Related Payments Regulations 2005",
  "legislation_url": "https://openlegislation.uk/draft-age-related-payments-regulations-2005",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Entitlement: guarantee credit special cases",
  "text": "(1) Where—\n(a) only one member of a couple is a qualifying individual;\n(b) he would (but for this paragraph) be entitled to a payment under regulation 4(2);\n(c) the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and\n(d) the qualifying individual is not to receive a payment in 2005 under those Regulations,\nthen—\n(i) that other member of the couple shall be entitled to a payment of £50; and\n(ii) the qualifying individual shall not be entitled to a payment under regulation 4(2).\n(2) A qualifying individual shall not be entitled to a payment under this Part 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(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2005/011072996X/regulation/5",
    "retrieved_at": "2026-10-30T15:22:11.557268+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."
}