Explanatory note

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

Regulation 3 inserts a definition of “residential care” into regulation 2 (interpretation) of the principal Regulations.

Regulation 4 amends the eligibility rules an individual must meet to be entitled to Pension Age Winter Heating Payment, including removing the requirement to meet the relevant benefit condition (regulation 7 of the principal Regulations). Consequently, regulation 5 omits the relevant benefit condition from the principal Regulations.

Regulation 6 clarifies 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 7 substitutes the exclusion to entitlement rules in regulation 9 of the principal Regulations, so that individuals who receive a specified low income benefit throughout the qualifying week who are in residential care (as defined) cannot receive payment.

Regulation 8 introduces new rules to allow individuals to opt out of and to opt in to the payment. Entitlement will be nil-rated where an opt-out request is in effect.

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.

Regulation 10 makes provision for determinations without application on entitlement after backdated low income benefits.

Regulation 11 makes provision for the Scottish Ministers to determine entitlement for those who opt in to payment, and makes provision for determinations without application where a determination has been made in ignorance of a material fact.

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

Regulations 13 and 14 add provision in relation to the making of applications by the end of March in the year following a qualifying week, and provision for the reduction of payments by any amount already received.

Regulation 15 omits Part 8 (expiry).

Regulation 16 omits the schedule.

Regulation 17 saves the principal Regulations so that they will continue to apply in the same way after the amendments made by these Regulations come into force for any determinations of entitlement to the payment for the 2024 qualifying week.