Explanatory note

These Regulations make provision for winter fuel payments.

Regulation 2 requires the Secretary of State to pay a winter fuel payment to a person (“P”) who, in the week beginning on the third Monday in September (“the qualifying week”) in any year, has reached pensionable age and is ordinarily resident in England or Wales.

Regulation 3 sets out the amount of a winter fuel payment. The amount of a winter fuel payment depends on whether P has reached the age of 80 in or before the qualifying week. Where P has not reached the age of 80 in or before the qualifying week, the amount of a winter fuel payment is—

• £200;

• £100, where P has not been paid, and will not be paid, state pension credit or another means-tested benefit included in the definition of “relevant benefit” for the qualifying week and P is living with a person entitled to a winter fuel payment that winter;

• £100, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and is in residential care (as defined);

• £300, where P has been paid, or will be paid, state pension credit or another relevant benefit for the qualifying week and P is the partner of, and living with, a person who has reached the age of 80 in or before the qualifying week.

Where P has reached the age of 80 in or before the qualifying week, the amount of a winter fuel payment is—

• £300;

• £200, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and P is living with a person entitled to a winter fuel payment that winter and that person has not reached the age of 80;

• £150, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and P is living with a person entitled to a winter fuel payment that winter and that person has reached the age of 80;

• £150, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and is in residential care.

Regulation 4 sets out the circumstances in which P is not entitled to a winter fuel payment, namely where, throughout the qualifying week, P—

• is the partner of, and living with, a person who has reached pensionable age in or before the qualifying week and has been, or will be, paid state pension credit or another relevant benefit for the qualifying week;

• is in hospital getting free treatment and has been receiving that treatment for more than 52 weeks;

• is in prison serving a sentence;

• is in residential care and has been in residential care for the preceding 12 weeks and has been, or will be, paid state pension credit or another relevant benefit in respect of the qualifying week.

P is also not entitled to a winter fuel payment if they have not made a claim for it by 31st March following the qualifying week, subject to regulation 5, or where they become ordinarily resident in Scotland or Northern Ireland by the last day of the qualifying week.

Regulation 5 sets out the circumstances in which the Secretary of State may make a winter fuel payment without a claim, including where the Secretary of State has made an automated payment based on information held by the Department for Work and Pensions.

Regulation 6 makes a consequential amendment to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968).

Regulation 7 revokes the Social Fund Winter Fuel Payment Regulations 2024 (S.I. 2024/869) and the Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.