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Regulation 1 Citation, commencement, extent and interpretationI1

England and Wales

(1)

These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2025 and come into force on 15th September 2025.

(2)

These Regulations extend to England and Wales only.

(3)

In these Regulations—

  • “care home”—

    1. (a)

      in England, has the meaning assigned to it by section 3 of the Care Standards Act 2000f1;

    2. (b)

      in Wales, means accommodation the provision of which, together with nursing or care, is a care home service as defined in paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016f2 which is provided wholly or mainly to persons aged 18 or over;

  • “couple” means—

    1. (a)

      two people who are married to, or civil partners of, each other and are members of the same household, or

    2. (b)

      two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

  • “free in-patient treatment” is to be construed in accordance with regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005f3;

  • “independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275(1) of the National Health Service Act 2006f4 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, means a hospital as defined by section 206(1) of the National Health Service (Wales) Act 2006f5 that is not a health service hospital as defined by that section;

  • “partner” means a member of a couple or a polygamous marriage;

  • “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995f6;

  • “polygamous marriage” means any marriage which took place under the laws of a country which permits polygamy where—

    1. (a)

      any member of the marriage is for the time being married to more than one person, and

    2. (b)

      all the members of the marriage are members of the same household;

  • “qualifying week” means in respect of any year the week beginning on the third Monday in the September of that year;

  • “relevant benefit” means—

    1. (a)
    2. (b)

      an income-based jobseeker’s allowance under the Jobseekers Act 1995f7;

    3. (c)

      state pension credit under the State Pension Credit Act 2002f8;

    4. (d)

      an income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007f9;

    5. (e)

      universal credit under Part 1 of the Welfare Reform Act 2012f10.

(4)

In these Regulations, a person—

(a)

is in residential care if, disregarding any period of temporary absence, they reside in—

(i)

a care home,

(ii)

an independent hospital, or

(iii)

accommodation provided under section 3(1) of the Polish Resettlement Act 1947f11,

throughout the qualifying week and the period of at least 12 weeks ending immediately before the qualifying week;

(b)

lives with a person if, disregarding any period of temporary absence, they share accommodation with one or more persons as their mutual home and they are not in residential care.

Annotations

Commencement

I1

Reg. 1 in force at 15.9.2025, see reg. 1(1)

Footnotes

f1

2000 c. 14. Section 3 is amended by paragraph 3 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) and paragraph 4 of Schedule 5 to the Health and Social Care Act 2008 (c. 14).

f2

2016 anaw 2. Paragraph 1 of Schedule 1 is amended by paragraph 2(6) of Schedule 1 to the Health and Social Care (Wales) Act 2025 (asc 1).

f3

S.I. 2005/3360.

f4

2006 c. 41. The definition of “health service hospital” is amended by paragraph 138(2)(b) of Schedule 4 to the Health and Social Care Act 2012 (c. 7).

f5

2006 c. 42.

f6

1995 c. 26. Paragraph 1 of Schedule 4 is amended by paragraph 39 of Schedule 2 to the State Pension Credit Act 2002 (c. 16), paragraph 13 of Schedule 3 to the Welfare Reform Act 2007 (c. 5), paragraph 4 of Schedule 3 to the Pensions Act 2007 (c. 22), section 1 of the Pensions Act 2011 (c. 19) and section 26 of, and paragraph 30 of Schedule 12 to, the Pensions Act 2014 (c. 19).

f7

1995 c. 18.

f8

2002 c. 16.

f9

2007 c. 5.

f10

2012 c. 5.

f11

1947 c. 19. Section 3(1) is amended by paragraph 3(1) of Schedule 6 to the Ministry of Social Security Act 1966 (c. 20) and paragraph 1 of Schedule 4 to the Social Security Act 1980 (c. 30).