Explanatory note

Winter Heating Assistance (Low Income) (Scotland) Regulations 2023 (S.S.I. 2023/16), made under section 30 of the Social Security (Scotland) Act 2018 (asp 9), introduce arrangements for a winter heating payment to an individual to meet, or help towards meeting, the individual’s heating costs during the winter months. The winter heating payment replaces cold weather payments in Scotland.

This Order amends the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724) (“the 1988 Regulations”) to limit eligibility for cold weather payments to homes which are situated in England and Wales.

Article 2 makes amendments to the 1988 Regulations.

Article 2(2) amends the definition of “home” contained in regulation 1(2) of the 1988 Regulations to remove the Scottish specific reference to croft land on which a dwelling is situated.

Article 2(3) adds a fifth eligibility condition into regulation 1A of the 1988 Regulations which a claimant must satisfy in order to receive a cold weather payment. It prescribes that in order to be eligible for a cold weather payment, the claimant’s home must be in England or Wales.