Regulation 1A Prescribed description of personsF1
England, Wales and Scotland
A cold weather payment may be made in the circumstances prescribed by regulation 2 to a person who satisfies the following conditions.
The first condition is that, in respect of at least one day during the recorded or the forecasted period of cold weather specified in regulation 2(1)(a), the person has been awarded—
state pension credit;
income support;
an income-based jobseeker’s allowance; F2...
universal creditF5; or
owner-occupier loan payments and is treated as entitled to a benefit specified in sub-paragraphs F6(b) to (d).
owner-occupier loan payments and is treated as entitled to state pension credit.
The second condition (which applies only if the person (“P”) falls within paragraph (2)(b), F8(c), F9(d), (e) or (f)) is that, in respect of the day to which paragraph (2) relates—
P’s family includes a member aged less than 5;
where P has been awarded income support, P’s applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;
where P has been awarded a jobseeker’s allowance, P’s applicable amount includes one or more of the premiums specified in paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;
P’s child tax credit includes a disability element within the meaning of section 9(3) of the Tax Credits Act 2002;
where P has been awarded universal credit—
the award includes an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled); or
where P has been awarded owner-occupier loan payments, P’s applicable amount, if P were entitled to a benefit specified in paragraph (2)(b) to (d), would include one or more of the premiums specified in—
where P is treated as entitled to income support, paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;
where P is treated as entitled to jobseeker’s allowance, paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;
where P is treated as entitled to employment and support allowance, paragraphs 5 to 7 of Schedule 4 to the Employment and Support Allowance Regulations 2008.
In F19paragraphs (2) and (3), a person being treated as entitled to a benefit has the meaning given to it in regulation 2(2)(aa) of the Loans for Mortgage Interest Regulations 2017.
The third condition (which does not apply to a person who comes F20within paragraph (3)(a) or (d)) is that the person does not reside in—
a care home;
an independent hospital;
an establishment run by the Abbeyfield Society or by a body corporate or incorporate which is affiliated to that Society; or
accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps).
In relation to a person who has been awarded universal credit, the third condition applies as if paragraph (4)(d) were omitted.
In paragraph (4) —
“care home” in England F22... has the meaning assigned to it by section 3 of the Care Standards Act 2000, F23in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland means a care home service as defined by F24paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;
“independent hospital”—
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in F25section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978.
The fourth condition, which applies only where the person has been awarded universal credit and their award of universal credit does not include an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled) is that—
in a case where a cold weather payment is payable in relation to a recorded period of cold weather as mentioned in regulation 2(1)(a)(i), the person was not in employment or gainful self-employment on any day during that period; or
in a case where a cold weather payment is payable in relation to a forecasted period of weather as mentioned in regulation 2(1)(a)(ii), the person is not in employment or gainful self-employment on the day when the F27Met Office supplies the Department for Work and Pensions with the forecast.
For the purpose of paragraph (6)—
“employment” means employment under a contract of service, or in an office, including an elective office;
a person is in gainful self-employment where—
they are carrying on a trade, profession or vocation as their main employment;
their earnings from that trade, profession or vocation are treated as self-employed earnings for the purpose of regulations made under section 8(3) of the 2012 Act; and
the trade, profession or vocation is organised, developed, regular and carried on in expectation of profit.
The fifth condition is that the person’s home is in England or Wales.
Annotations
Textual amendments
- F1
Reg. 1A substituted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2010 (S.I. 2010/2442), regs. 1(2), 2(3)
- F2
Word in reg. 1A(2) omitted (1.11.2013) by virtue of The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(3)(a)
- F3
Reg. 1A(2)(e) and word added (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(3)(b)
- F4
Word in reg. 1A(2) omitted by S.I. 2017/725, Sch. 5 para. 10(3)(a)(i) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F5
Reg. 1A(2)(f) and word inserted by S.I. 2017/725, Sch. 5 para. 10(3)(a)(ii) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F6
Word in reg. 1A(2)(f) substituted (15.3.2021) by The Loans for Mortgage Interest (Amendment) Regulations 2021 (S.I. 2021/131), regs. 1(b), 3(2)(a)
- F7
Reg. 1A(2)(g) inserted (15.3.2021) by The Loans for Mortgage Interest (Amendment) Regulations 2021 (S.I. 2021/131), regs. 1(b), 3(2)(b)
- F8
Words in reg. 1A(3) substituted (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(4)(a)
- F9
Words in reg. 1A(3) substituted by S.I. 2017/725, Sch. 5 para. 10(3)(b)(i) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F10
Reg. 1A(3)(d) substituted (6.4.2017) by The Social Fund (Amendment) Regulations 2017 (S.I. 2017/271), regs. 1(2), 2
- F11
Words in reg. 1A(3)(e) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 2(3)(a) (with Sch. 2 paras. 1-7)
- F12
Words in reg. 1A(3)(e)(i) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 2(3)(b) (with Sch. 2 paras. 1-7)
- F13
Reg. 1A(3)(e)(ii) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 2(3)(c) (with Sch. 2 paras. 1-7)
- F14
Word in reg. 1A(3) omitted by S.I. 2017/725, Sch. 5 para. 10(3)(b)(ii) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F15
Reg. 1A(3)(f) added (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(4)(c)
- F16
Reg. 1A(3)(f)(ii) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 11
- F17
Reg. 1A(3)(g) and word inserted by S.I. 2017/725, Sch. 5 para. 10(3)(b)(iii) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F18
Reg. 1A(3A) inserted by S.I. 2017/725, Sch. 5 para. 10(3)(c) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)
- F19
Words in reg. 1A(3A) substituted (15.3.2021) by The Loans for Mortgage Interest (Amendment) Regulations 2021 (S.I. 2021/131), regs. 1(b), 3(3)
- F20
Word in reg. 1A(4) substituted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010 (S.I. 2010/2591), regs. 1(2), 3(1)
- F21
Reg. 1A(4A) inserted (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(5)
- F22
Words in reg. 1A(5)(a) omitted (2.4.2018) by virtue of The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 3(2)(a)
- F23
Words in reg. 1A(5)(a) inserted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 3(2)(b)
- F24
Words in reg. 1A(5)(a) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 15(a)
- F25
Words in reg. 1A(5)(b) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 15(b)
- F26
Reg. 1A(6)(7) added (1.11.2013) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2013 (S.I. 2013/248), regs. 1(2), 2(6)
- F27
Word in reg. 1A(6)(b) substituted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(3)
- F28
Reg. 1A(8) inserted (1.11.2022) by The Social Security (Scotland) Act 2018 (Winter Heating Assistance) (Consequential Modifications) Order 2022 (S.I. 2022/1018), arts. 1(2), 2(3)