The Social Fund Cold Weather Payments (General) Amendment No.2 Regulations 1991
S.I. 1991/2238 · Made 7 October 1991
SOCIAL SECURITY
Made 7th October 1991
Laid before Parliament 11th October 1991
Coming into force 1st November 1991
The Secretary of State for Social Security, in exercise of the powers conferred by sections 32(2A) and 84(1) of the Social Security Act 1986f1 and section 166(1) to (3A) of the Social Security Act 1975f2 and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to itf3, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1986 c. 50; section 32(2A) was inserted by section 11 of and paragraph 2 of Schedule 3 to the Social Security Act 1988 (c. 7); section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
- f2
-
1975 c. 14; section 166(3) was amended by paragraph 10(1) of Schedule 8 to the Social Security Act 1989 (c. 24), section 166(3A) was inserted by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act.
- f3
-
See the Social Security Act 1986 (c. 50), section 61(1)(b) and (10). The Social Security Act 1989 (c. 24), Schedule 8, added a definition of “regulations” to section 61(10) of the Social Security Act 1986.
Contents
- 1Citation, commencement and interpretation
- 2Amendment of regulation 1 of the Cold Weather Payments Regulations
- 3Substitution of regulation 2 of the Cold Weather Payments Regulations
- 4Amendment of regulation 3 of the Cold Weather Payments Regulations
- 5Deletion of regulation 4 of the Cold Weather Payments Regulations
- 6Substitution of the Schedule to the Cold Weather Payments Regulations
- Signature
- Schedule TO BE SUBSTITUTED FOR THE SCHEDULE TO THE COLD WEATHER PAYMENTS REGULATIONS
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment No. 2 Regulations 1991 and shall come into force on 1st November 1991.
In these Regulations “the Cold Weather Payments Regulations” means the Social Fund Cold Weather Payments (General) Regulations 1988f1.
2Amendment of regulation 1 of the Cold Weather Payments Regulations
In regulation 1(2) of the Cold Weather Payments Regulations (citation, commencement and interpretation)f1—
for the definition of “claimant” there shall be substituted the following definition—
““claimant” means a person who is claiming or has claimed income support;”;
after the definition of “family” there shall be inserted the following definitions—
““forecast” means a weather forecast produced by the Meteorological Office of the Ministry of Defence and supplied to the Department of Social Security on a daily basis which provides the expected average mean daily temperature for a period of 7 consecutive days;
“forecasted period of cold weather” means a period of 7 consecutive days, during which the average of the mean daily temperature for that period is forecasted to be equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a forecasted period of cold weather it shall not form part of any other such forecasted period;”;
after the definition of “mean daily temperature” there shall be inserted the following definition—
““overlap period” means any period of a day or days, where a day forms part of a recorded period of cold weather and also forms part of a forecasted period of cold weather;”;
the definition of “period of cold weather” shall be omitted;
after the definition of “polygamous marriage” there shall be inserted the following definitions—
““Post Office postcode area” has the meaning given to it in Schedule 2 to these Regulations;
“recorded period of cold weather” means a period of 7 consecutive days, during which the average of the mean daily temperature recorded for that period was equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a recorded period of cold weather it shall not form part of any other such recorded period;
“sector” means the area identified by the number which commences the second part of a Post Office postcode;”.
3Substitution of regulation 2 of the Cold Weather Payments Regulations
For regulation2 of the Cold Weather Payments Regulations (prescribed circumstances)f1 there shall be substituted the following Regulation—
“Prescribed circumstances
2(1)The prescribed circumstances in which a payment may be made out of the social fund to meet expenses for heating under section32(2A) of the Act are—
(a)subject to paragraphs (3), (4) and (5)—
(i)there is a recorded period of cold weather at a station described in column (1) of Schedule1 to these Regulations or, if that station is unable to provide temperature information for the period in question, the nearest such station to that station able to provide temperature information for that period; or
(ii)there is a forecasted period of cold weather at a station described in column (1) of Schedule1 to these Regulations; and
(b)the home of the claimant is, or by virtue of paragraph(2)(b) is treated as, situated in a Post Office postcode area in respect of which the first mentioned station in sub-paragraph(a)(i) or the station mentioned in sub-paragraph(a)(ii) of this paragraph, as the case may be, is the designated station; and
(c)the claimant has been awarded income support in respect of at least one day during the recorded or the forecasted period of cold weather and either—
(i)the claimant’s applicable amount includes one or more of the premiums specified in paragraphs9 to 14 of PartIII of Schedule2 to the General Regulations; or
(ii)a member of the claimant’s family is aged less than 5.
(2)For the purposes of this regulation—
(a)the station described in column(1) of Schedule1 to these Regulations is the designated station for the Post Office postcode areas described in the corresponding paragraph in column(2) of that Schedule;
(b)where the home of the claimant is not situated within a Post Office postcode area described in column(2) of that Schedule, it shall be treated as situated within the Post Office postcode area nearest to it described in that column.
(3)Subject to paragraphs(4) and (5) where a recorded period of cold weather is joined by an overlap period to a forecasted period of cold weather a payment under paragraph (1) may only be made in respect of the forecasted period of cold weather
(4)Where—
(a)there is a continuous period of forecasted periods of cold weather and recorded periods of cold weather, each of which is linked by an overlap period; and
(b)the total number of recorded periods of cold weather during that continuous period is greater than the total number of forecasted periods of cold weather,
a payment in respect of the last recorded period of cold weather may also be made under paragraph(1).
(5)Where—
(a)a claimant satisfies the prescribed circumstances for a payment under paragraph(1) above in respect of a recorded period of cold weather; and
(b)a payment in respect of the recorded period of cold weather does not fall to be made by virtue of paragraph(4); and
(c)the claimant does not satisfy the prescribed circumstances in paragraph(1)(c) above in respect of the forecasted period of cold weather which is linked to the recorded period of cold weather by an overlap period,
a payment in respect of that recorded period of cold weather may also be made under paragraph(1).”.
4Amendment of regulation 3 of the Cold Weather Payments Regulations
In regulation 3 of the cold weather payments Regulations (prescribed amount)f1 the words “Subject to regulation 4,” shall be omitted.
5Deletion of regulation 4 of the Cold Weather Payments Regulations
Regulation 4 of the Cold Weather Payments Regulations (effect and calculation of capital)f1 shall be deleted.
6Substitution of the Schedule to the Cold Weather Payments Regulations
For the Schedule to the Cold Weather Payments Regulationsf1 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Signature
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th October 1991
TO BE SUBSTITUTED FOR THE SCHEDULE TO THE COLD WEATHER PAYMENTS REGULATIONS
“SCHEDULE 1
Regulation 2
Column (1) Column (2) National Climatological Message Station Description of Post Office postcode area 1ABERDEEN AIRPORT
AB1–3, AB20, AB22, AB23, AB30, AB32, AB41–43, AB51–54. DD8–11. PH11. 2ABERPORTH
SA38–40, SA43–48. SY23–25. 3AUGHTON
CH5–8. FY1–8. L1–49, L60–66. LA1, that part of LA2 which consists of sectors: LA2 6, LA2 9, LA2 0, LA3, LA4. LL15–19, LL22. PR1–9. WA9–12. 4AVIEMORE
AB31, AB33–37. IV4, IV6, IV13. PH18–26. 5BEDFORD ROYAL AIRCRAFT ESTABLISHMENT
LU1–7. MK1–19, MK40–46. NN1–18. PE8. SG15–19. 6BIRMINGHAM AIRPORT
B1–21, B23–38, B40, B42–50, B60–76, B80, B90–98. CV1–8, CV10–12, CV21–23, CV31–37. DY1–13. WR1–15. WS1–6, WS8–10. WV1–4, WV9–14. 7BOSCOMBE DOWN
BA12. SO20. SN9. SP1–5, SP7–11. 8BOULMER
NE22–24, NE61–71. TD3–5, TD10–15. 9BOURNEMOUTH AIRPORT
BH1–25, BH31. DT1–8, DT10, DT11. SP6. 10BRAWDY
SA35–37, SA41, SA42, SA61–73. 11BRIZE NORTON
GL1–8, GL10, GL11, GL14–20, GL50–56. HP17–22. OX1–18, OX20. SN7. 12CARLISLE
CA1–11, CA15–17. LA6–10, LA22, LA23. 13CHIVENOR
EX1–12, EX15–23, EX31–39. PL16. TQ1–6, TQ9–14. 14CILFYNYDD
That part of CF8 which consists of sectors: CF8 1, CF8 2, CF8 3, CF8 7, CF37–40. That part of NP1 which consists of sectors: NP1 4, NP1 5, NP1 6, NP1 7, NP1 8, NP4, NP5, NP7, NP44. 15COLTISHALL
IP18, IP24. NR1–18, NR24–35. 16CONINGSBY
That part of LN4 which consists of sector LN4 4, LN10, LN12, LN13. PE11, PE12, PE20–25. 17CULDROSE
TR12, TR13, TR17–27. 18CWMBARGOED
That part of CF8 which consists of sectors: CF8 8, CF8 9, CF41–48. LD3. NP2, NP3, NP8. 19DUMFRIES (DRUNGANS)
DG1, DG2, DG5–7, DG11, DG12. 20DUNKESWELL
EX13, EX14. 21EASTHAMPSTEAD
GU11, GU13, GU14, GU17, GU26, GU30, GU34, GU35. RG1–17, RG21–28. 22EDINBURGH AIRPORT
EH1–37, EH39–42, EH47–49, EH51–55. FK1–21. KY3, KY4, KY11, KY12. 23ESKDALEMUIR
DG3, DG4, DG10, DG13, DG14. EH38, EH43–46. ML12. TD1, TD2, TD6–9. 24ESKMEALS
CA12–14, CA18–28. LA5, LA11–21. 25FINNINGLEY
DN1–14. S1–5, S7–14, S17, S19, S31, S60–66, S70–75. 26GATWICK AIRPORT
CR3, CR5, CR6. GU5–10, GU27–29, GU31. KT20. RH1–19. SM7. TN1–4, TN8–18. 27GLASGOW AIRPORT
G1–5, G11–15, G20–23, G31–34, G40–46, G51–53, G60–69, G71–78, G81–84. ML1–11. PA1–27, PA32, PA33, PA35, PA36. 28HEATHROW AIRPORT
AL1–5, AL9, AL10. BR1–4, BR6, BR7. CR0, CR2, CR4, CR7, CR8. E1–18. EC1–4. EN1–11. GU1–4, GU12, GU15, GU16, GU18–25. HA0–9. HP1–16, HP23. IG1–11. KT1–19, KT21–24. N1–22. NW1–11. SE1–28. SL0–9. SM1–6. SW1–20. TW1–20. UB1–10. W1–14. WC1, WC2. WD1–7. 29HERSTMONCEUX
BN1–18, BN20–27, BN41–45. RH20. TN5–7, TN19–22, TN31–40. 30HONINGTON
CB8, CB9. CO10. IP7, IP20–23, IP27–33. 31KINLOSS AB38, AB44, AB45, AB55, AB56. IV1–3, IV5, IV7–12, IV14–20, IV30–32, IV36. PA38–40. PH30–35, PH37.
32KIRKWALL
KW15–17. 33LEEDS WEATHER CENTRE
BD1–12, BD14, BD19. HD1, HD2, HD4, HD5, HD8. HG1–5. LS1–28. WF1–17. YO1–5, YO8. 34LEEMING
DH1–3, DH6–9. DL1–17. NE1–13, NE15–21, NE28, NE39–49. TS1–5, TS7–9, TS14–23. YO6, YO7. 35LERWICK
ZE1–3. 36LEUCHARS
DD1–7. KY1–2, KY5–10, KY13–16. PH1–10, PH12–17. 37LYNEHAM
BA13–15. SN1–6, SN8, SN10–16. 38MACHRIHANISH
PA28–31, PA41–49, PA60, PA61. 39MANCHESTER AIRPORT
BB1–3, BB5–7. BL0–9. CH1–4. CW1–12. That part of LA2 which consists of sectors: LA2 7, LA2 8. M1–35. OL1, OL2, OL4–12, OL16. SK1–11, SK15, SK16. SY14. WA1–8, WA13–16. WN1–8. 40MANSTON
BR5, BR8. CT1–21. DA1–18. ME1–20. TN23–30. 41MARHAM
IP25, IP26. NR19–23. PE13, PE14, PE30–38. 42MOUNT BATTEN
PL1–12, PL14, PL17–21. TQ7, TQ8. 43MUMBLES
SA1–20, SA31–34. 44PRESTWICK
KA1–30. 45RHOOSE
BA1–3, BA11. BS1–27. CF1–7, CF31–36. GL9, GL12, GL13. That part of NP1 which consists of sectors: NP1 0, NP1 9, NP6, NP9. 46ST MAWGAN
PL13, PL15, PL22–35. TR1–11, TR14–16. 47SHAWBURY
B77–79. DY14. HR1–9. LD1, LD2, LD4–8. LL11–14, LL20, LL21. ST1–13, ST15–21. SY1–13, SY15–19, SY21, SY22. TF1–13. WS7, WS11–15. WV5–8, WV15, WV16. 48SOUTHAMPTON WEATHER CENTRE
GU32, GU33. PO1–22, PO30–41. SO1–5, SO21–24, SO41–43, SO51, SO52. 49STANSTED
AL6–8. CB10, CB11. CM0–24. CO8, CO9. RM1–18. SG1–14. SS0–9, SS11–17. 50STORNOWAY
PA80–88. 51TIREE IV21–23,
IV26, IV40–49, IV51–56. PA34, PA37, PA62–78. PH36, PH38–44. 52TRAWSFYNYDD
LL23, LL35–49, LL51, LL52. SY20. 53TYNEMOUTH
DH4, DH5. NE25–27, NE29–38. SR1–8. TS27–29. 54VALLEY
LL24–34, LL53–78. 55WADDINGTON
DN15–21, DN31–40. HU1–20. LN1–3, that part of LN4 which consists of sectors: LN4 1, LN4 2, LN4 3, LN5–9, LN11. NG23, NG24, NG31–34. PE9, PE10. 56WATNALL
CV9, CV13. DE1–7, DE11–15, DE55. DN22. LE1–17. NG1–22, NG25. S18, S40–45, S80, S81. ST14. 57WATTISHAM
CO1–7, CO11–16. IP1–6, IP8–17, IP19. 58WHITBY COASTGUARD
TS6, TS10–13, TS24–26. YO11–18, YO21, YO22, YO25. 59WHITHORN
DG8, DG9. 60WICK
IV24, IV25, IV27, IV28. KW1–3, KW5–14. 61WILSDEN
BB4, BB8–12. BD13, BD15–18, BD20–24. HD3, HD6, HD7. HX1–7. LS29. OL3, OL13–15. S6, S30. SK12–14, SK17. 62WYTON
CB1–7. PE1–7, PE15–19. 63YEOVILTON
BA4–10, BA16, BA20–22. BS28. DT9. TA1–24. SCHEDULE 2
DEFINITION OF POST OFFICE POSTCODE AREA
Regulation 1(2)
1(1)In these Regulations, “Post Office postcode area” means, except in the cases where sub-paragraphs (2) and (3) apply, that part of Great Britain which is described in the Postcode Atlas of Great Britain and Northern Irelandf1 as being the part identified by the postcode in question.
(2)This sub-paragraph applies to those parts of Great Britain which are described in the relevant postcode maps for that partf2 referred to in Table 1 below and are identified by the postcode in question—
Table 1
Postcodes Map No. Map Area ISBN No. Year of Publication CF8 12 Cardiff & Glamorgan 07028 0512 28.99 1988 LA2 31 Lancashire 07028 0531 98.99 1987 LN4f3 25 & Fenland 07028 0525 48.99 1987 30 Lincoln 07028 0530 08.99 1987 NP1 13 Hereford & Gloucester 07028 0513 08.99 1987 (3)This sub-paragraph applies to those parts of Great Britain which are described in the relevant postcode maps for that part referred to in Table 2 below and are identified by the postcode in questionf4—
Table 2
Postcodes Map No. Map Area Year of Publication BH21, BH31 5 New Forest & Isle of Wight 1991 CR2–8 9 London & Surrey 1991 OX5, OX7–10, OX18, OX20 14 Oxford 1991 AB30–31, AB34 52 Aberdeen & Deeside 1991 AB4, AB38, AB41–45, AB52–53, AB55–56 56 Buchan & Gordon 1991 AB2–3, AB5, AB20, AB22–23, AB32–33, AB35–37, AB51, AB54f5 52 & Aberdeen & Deeside 1991 56 Buckan & Gordon 1991 ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Social Fund Cold Weather Payments (General) Regulations 1988 in the following respects—
they amend the definition of period of cold weather to include a period where the weather forecast is for the temperature to fall to 0 ° celsius or below for the next seven days (regulations 2 and 3);
they remove the calculation of capital limits for the purposes of cold weather payments (regulation 5).
they insert 2 new Schedules in the Regulations identifying areas linked to national climatological message stations by way of Post Office postcodes (regulation 6 and Schedules 1 and 2).
The Postcode Atlas of Great Britain and Northern Ireland and the postcode maps may be obtained from their publishers.
A person may establish the postcode for their address by contacting any post office.