# The Social Fund Winter Fuel Payment Regulations 2025, Regulation 4: Persons not entitled to a Winter Fuel Payment

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2025/969/regulation/4 (the official version)
Page: https://openlegislation.uk/social-fund-winter-fuel-payment-regulations-2025/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.