Regulation 4 Persons not entitled to a Winter Fuel PaymentI1

England and Wales

(1)

Regulation 2 does not apply to P if any of the circumstances in paragraphs (2) to (5) applies.

(2)

This paragraph applies where, throughout the qualifying week, P is—

(a)

a partner of and living with a person (“P’s partner”) who has reached pensionable age in or before the qualifying week and P’s partner is a person to whom a relevant benefit has been, or falls to be, paid in respect of the qualifying week,

(b)

receiving free in-patient treatment and has been receiving free in-patient treatment for a period of more than 52 weeks ending immediately before the qualifying week, or

(c)

detained in custody under a sentence imposed by a court.

(3)

This paragraph applies where P is in residential care and a relevant benefit has been, or falls to be, paid to P in respect of the qualifying week.

(4)

This paragraph applies where, having been ordinarily resident in England or Wales on any day falling within the qualifying week, P becomes ordinarily resident in Scotland or Northern Ireland on or before the last day of that week.

(5)

Subject to paragraph (6), this paragraph applies where P has not made a claim for a winter fuel payment on or before the 31st March following the qualifying week.

(6)

Paragraph (5) does not apply where—

(a)

a winter fuel payment has been made by virtue of regulation 5(1) in respect of the qualifying week, or

(b)

regulation 5(2) applies.

Annotations

Commencement

I1: Reg. 4 in force at 15.9.2025, see reg. 1(1)