Regulation 11 Amendment of the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024

After regulation 13 (determination following error – overpayments) insert—

“Determination without application following opt-in request

13A.

The Scottish Ministers must, without receiving an application, make a determination of an individual’s entitlement to Pension Age Winter Heating Payment in respect of the immediately preceding qualifying week where—

(a)

they receive an opt-in request in relation to an individual which has effect in respect of the payment for the immediately preceding qualifying week in accordance with regulation 9B,

(b)

the individual had previously notified an opt-out request in respect of Pension Age Winter Heating Payment under regulation 9A, and

(c)

pursuant to that opt-out request the Scottish Ministers have made a determination that the individual is entitled to an award of Pension Age Winter Heating Payment of £0 in respect of the immediately preceding qualifying week.

Determination of entitlement to Pension Age Winter Heating Payment without receiving an application – ignorance of a material fact

13B.

The Scottish Ministers must, without receiving an application, make a determination of an individual’s entitlement to Pension Age Winter Heating Payment where the Scottish Ministers—

(a)

have made a determination to award the individual Pension Age Winter Heating Payment, and

(b)

become aware that that determination was made in ignorance of a material fact which would possibly result in a change to the amount payable to the individual or which is likely to mean that the individual is not entitled to Pension Age Winter Heating Payment.”.