Explanatory note

These Regulations make amendments to the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024 (‘the principal Regulations’).

Regulation 3 amends the eligibility rules an individual must meet to be entitled to Pension Age Winter Heating Payment, reflecting that regulation 4 omits the relevant benefit condition (regulation 7 of the principal Regulations) and regulation 6 adds the application condition.

Regulation 5 clarifies the residence condition in regulation 8 of the principal Regulations to provide that the United Kingdom must be the competent state for the payment of old-age benefits so that pensioners who are habitually resident in a country listed in the schedule and who are covered by a relevant agreement or Convention can export Pension Age Winter Heating Payment. Other amendments are made to clarify that an individual who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 is not entitled to payment, other than in specified circumstances. Provision is also made to treat individuals as not meeting the relevant residence condition in circumstances where they did meet it on at least one day falling within the qualifying week but, by the final day of the qualifying week, they no longer did.

Regulation 6 makes provision so that an individual who makes an application for assistance, in circumstances where the determination without application provisions do not apply, must do so by a specified date, unless they have good reason for doing so later.

Regulation 7 amends the exclusions to entitlement in regulation 9 of the principal Regulations, so that individuals who receive public funding for their stay in a care home or independent hospital for 13 weeks including the qualifying week itself cannot also receive payment of the means tested payment, and so that the lead claimant of a low income relevant benefit (including where the award is backdated to the qualifying week) receives the payment and not the non-lead claimant.

Regulation 8 introduces new rules to allow individuals to opt out of and to opt in to the payment.

Regulation 9 amends the Amount of Pension Age Winter Heating Payment rules to provide different rates of payment depending on whether the individual is, or is not, entitled to a specified low income benefit. For individuals not entitled to a specified low income benefit, provision is also made for the shared rate payments where individuals live with other entitled individuals. Entitlement will be nil-rated where an opt-out request is in effect.

Regulation 10 makes provision for determinations without application on entitlement after backdated low income benefits, with payments reduced by any amount already received.

Regulation 11 makes provision for the Scottish Ministers to determine entitlement for those who opt in to payment.

Regulation 12 extends the re-determination request period from 31 to 42 days to align with other devolved benefits.

Regulation 13 omits Part 8 (expiry).

Regulation 14 inserts a schedule of countries individuals may export the payment to, so long as they are habitually resident in one of those countries, with a genuine and sufficient link to Scotland, and covered by a relevant agreement or convention.

Regulation 15 saves the principal Regulations so that they will continue to apply in the same way after the amendments come into force for any determinations of entitlement to the payment for the 2024 qualifying week including the previous period for requesting a re-determination.