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Regulation 2 Prescribed circumstancesF1

England, Wales and Scotland

(1)

The prescribed circumstances in which F2a cold weather payment may be made are—

(F3a)

subject to paragraphs (1A), (1B) and (3) to (6)—

(i)

there is a recorded period of cold weather at a primary F4site, or

(ii)

there is a forecasted period of cold weather at a primary site, and

(b)

F5the home of the claimant is, or by virtue of paragraph (2)F6... is treated as, situated in a postcode district in respect of which the site mentioned in sub-paragraph (a)(i) or, as the case may be, (a)(ii) is the designated site.

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F81A)

For the purposes of paragraph (1)(a)(i), where a primary F9site is unable to provide temperature information in respect of a particular day, the mean daily temperature on that day—

(a)

at the secondary site, or

(b)

where there is no secondary site designated, or where the secondary site is unable to provide temperature information in respect of that day, at the alternative site,

is to be used to determine whether or not there is a recorded period of cold weather at the primary site.

(F101B)

For the purposes of paragraph (1)(a)(ii), where the Met Office is unable to produce a forecast in respect of a particular period at a primary F11site, the forecast in respect of that period produced—

(a)

at the secondary site, or

(b)

where there is no secondary site designated, or where the secondary site is unable to produce a forecast in respect of that period, at the alternative site,

is to be used to determine whether or not there is a forecasted period of cold weather at the primary site.

(F122)

For the purposes of this regulation, where the home of the claimant is not situated within a postcode district for which a primary F13site is designated, it is to be treated as situated within a postcode district—

(a)

which, in the opinion of the Met Office, is the most geographically and climatologically representative of that postcode district, and

(b)

for which a primary site is designated.

(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).

(F145)

Where—

(a)

a claimant satisfies the conditions in regulation 1A and paragraph (1) 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 conditions in regulation 1A in respect of the forecasted period of cold weather which is linked to the recorded period of cold weather by an overlap period,

a cold weather payment may be made in respect of that recorded period of cold weather.

F15(6)

A cold weather payment may not be made after the end of the period of 26 weeks beginning with the last day of the winter period in which the period of cold weather concerned falls.

F16(7)

For the purposes of this regulation—

  • “alternative F17site” means a site—

    1. (a)

      which, in the opinion of the Met Office, is the most geographically and climatologically representative for the postcode district in which the home of the claimant is situated, and

    2. (b)

      is able to provide temperature information—

      1. (i)

        for the purposes of paragraph (1A), for the relevant day, or

      2. (ii)

        for the purposes of paragraph (1B), for the production of a forecast for the relevant period;

  • “primary site” means a site designated for a postcode district in accordance with regulation 2A(1);

  • “secondary site” means a site designated for a postcode district in accordance with regulation 2A(2).

Annotations

Textual amendments

F1

Reg. 2 substituted (1.11.1991) by The Social Fund Cold Weather Payments (General) Amendment No.2 Regulations 1991 (S.I. 1991/2238), regs. 1(1), 3

F2

Words in reg. 2(1) substituted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2010 (S.I. 2010/2442), regs. 1(2), 2(4)(a)

F3

Reg. 2(1)(a) substituted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(a)

F4

Word in reg. 2(1) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 3(3)

F5

Reg. 2(1)(b) substituted (4.11.1996) by The Social Fund Cold Weather Payments (General) Amendment Regulations 1996 (S.I. 1996/2544), regs. 1(1), 4(3)

F6

Word in reg. 2(1)(b) omitted (1.11.2016) by virtue of The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(b)

F7

Reg. 2(1)(c) omitted (1.11.1991) by virtue of The Social Fund Cold Weather Payments (General) Amendment No. 3 Regulations 1991 (S.I. 1991/2448), regs. 1(1), 3(b)

F8

Reg. 2(1A) substituted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(c)

F9

Word in reg. 2(1A) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 3(3)

F10

Reg. 2(1B) substituted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(d)

F11

Word in reg. 2(1B) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 3(3)

F12

Reg. 2(2) substituted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(e)

F13

Word in reg. 2(2) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 3(3)

F14

Reg. 2(5) substituted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2010 (S.I. 2010/2442), regs. 1(2), 2(4)(c)

F15

Reg. 2(6) inserted (1.11.2010) by The Social Fund Cold Weather Payments (General) Amendment Regulations 2010 (S.I. 2010/2442), regs. 1(2), 2(4)(d)

F16

Reg. 2(7) inserted (1.11.2016) by The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016 (S.I. 2016/876), regs. 1(2), 2(4)(f)

F17

Word in reg. 2(7) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 3(3)