Regulation 14 Amendment of the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024

After regulation 16 (making payments) insert—

“Calculation of payments

16A.

Where, under a determination, an individual has previously received an amount of Pension Age Winter Heating Payment in accordance with regulation 10 in respect of a qualifying week and a determination without application under Part 5 has subsequently been made that the same individual is entitled to Pension Age Winter Heating Payment at a higher amount in accordance with regulation 10 for that qualifying week, that individual will be entitled to the difference between the amount of Pension Age Winter Heating Payment payable under the subsequent determination and the amount of Pension Age Winter Heating Payment which that individual previously received in respect of that qualifying week.

Making of applications

16B.

(1)

An application for Pension Age Winter Heating Payment is to be treated as made on the day it is received by the Scottish Ministers.

(2)

Where an individual makes an application for Pension Age Winter Heating Payment in respect of a qualifying week, that application must be made on or before 31 March in the year following that week.

(3)

Paragraph (2) does not apply where a decision is made after the qualifying week that—

(a)

an individual is entitled in respect of a day in the qualifying week to a relevant benefit, or

(b)

section 115 of the Immigration and Asylum Act 1999 (exclusions from benefits) ceases to apply to that individual in respect of the qualifying week.

(4)

Despite paragraph (1), the Scottish Ministers may treat an application received after the date in paragraph (2) as made by that date where they consider that the individual has a good reason for not making the application by that date.”.