# The Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025, Regulation 6: Amendment of the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024


For regulation 8 (residence condition) substitute—
“Residence condition
8. (1) An individual satisfies the residence condition where that individual meets the condition in paragraph (2).
(2) The condition is that on at least one day falling within the qualifying week—
(a) the individual is ordinarily resident in Scotland, and
(b) either—
(i) the individual is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999, or
(ii) the individual is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 where that person—
(aa) is lawfully working in the United Kingdom and is a national of a state with which the United Kingdom has concluded an agreement which replaces in whole or in part an agreement under Article 217 of the Treaty on the Functioning of the European Union which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory state and their families,
(bb) is a member of the family of, and living with, a person specified in sub-head (aa), or
(cc) has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules, to be responsible for their maintenance and accommodation.
(3) Where an individual is ordinarily resident in Scotland on at least one day falling within the qualifying week but is no longer so resident by the last day of that week, the individual is to be treated as not meeting the condition in paragraph (2)(a).
(4) Where an individual is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 on at least one day falling within the qualifying week but is subject to immigration control within the meaning of that section by the last day of that week, the individual is to be treated as not meeting the condition in paragraph (2)(b)(i).
(5) In this regulation “immigration rules” means the rules laid before the United Kingdom Parliament under section 3(2) of the Immigration Act 1971.”.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111063392/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-winter-heating-assistance-pension-age-scotland-amendment-regulations-2025/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.