# The Age-Related Payments Regulations 2005, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2005/011072996X/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-age-related-payments-regulations-2005/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.