# The Social Security (Claims and Payments) Regulations 1987, Regulation 36: Payment to a partner as alternative payee

Extent: E+W+S

(1) Except where a wife has elected in accordance with regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election under section 77(9) of the Social Security Contributions and Benefits Act 1992) that guardian’s allowance is not to be paid to her husband, where one of a married or unmarried couple residing together is entitled to child benefit, working families' tax credit, disabled persons' tax credit or guardian’s allowance the Secretary of State or the Board may make arrangements whereby that benefit, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person's partner on behalf of the person entitled.
(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations 2000 and—
(a) that person is one member of a couple or a member of a polygamous marriage;
(b) the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and
(c) both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations,
the Secretary of State may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that in the qualifying week the other person has not yet attained the qualifying age.

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Source: https://www.legislation.gov.uk/uksi/1987/1968/regulation/36 (the official version)
Page: https://openlegislation.uk/social-security-claims-and-payments-regulations-1987/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.