Regulation 8 Amendment of the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024

After Part 3 (eligibility rules for Pension Age Winter Heating Payment) insert—

“Part 3A

Opt-out requests and opt-in requests

Request to opt out of payment of Pension Age Winter Heating Payment

9A.

(1)

An individual who may otherwise be entitled to receive Pension Age Winter Heating Payment may notify the Scottish Ministers that they do not wish to receive the payment (to be known as an “opt-out request”).

(2)

 An opt-out request is to be notified to the Scottish Ministers in such form as they may require.

(3)

Once notified, an opt-out request will have effect—

(a)

in respect of the next payment of Pension Age Winter Heating Payment that would otherwise fall to be made after the Scottish Ministers receive the opt-out request, and

(b)

on an ongoing basis in respect of subsequent payments unless the individual notifies in accordance with regulation 9B(1) their wish to opt in to payment.

(4)

Where an opt-out request is in effect the amount of Pension Age Winter Heating Payment to be paid to the individual is £0 instead of an amount set out in regulation 10 (amount of Pension Age Winter Heating Payment).

Request to opt in to payment of Pension Age Winter Heating Payment

9B.

(1)

An individual who has notified an opt-out request under regulation 9A(1) may notify the Scottish Ministers that they wish to receive any payment of Pension Age Winter Heating Payment to which they may be entitled (to be known as an “opt-in request”).

(2)

An opt-in request is to be notified to the Scottish Ministers in such form as they may require.

(3)

Once notified, an opt-in request will have effect—

(a)

in respect of the next payment of Pension Age Winter Heating Payment that falls to be made after the Scottish Ministers receive the opt-in request, and

(b)

in respect of any payment of Pension Age Winter Heating Payment that would have been made in respect of the current or immediately preceding qualifying week, had an opt-out request not been in effect, provided that the individual has not stated that the opt-in request is to take effect for future payments only and the opt-in request is made—

(i)

no later than 31 March, or

(ii)

after 31 March where the Scottish Ministers are satisfied the individual has good reason for not making the opt-in request by that date.”.