PART 2PAYMENTS TO PERSONS OVER THE AGE OF 65

Entitlement: basic cases2

1

A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week—

a

he is single; and

b

he is not living with another qualifying individual.

2

A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week—

a

he is single; and

b

he is living with another qualifying individual.

3

A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week he is part of a couple and—

a

the other member of the couple is not in receipt of guarantee credit, income-based jobseeker’s allowance or income support; and

b

either—

i

the other member of the couple is not a qualifying individual; or

ii

either member of the couple is in receipt of savings credit.

4

A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week he is part of a couple and the other member of the couple is also a qualifying individual.

5

This regulation is subject to regulation 3.

Entitlement: special cases3

1

Where—

a

a member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)); and

b

the couple lives with one or more qualifying individuals who are single,

then the member of the couple shall instead be entitled to a payment of £100.

2

Where—

a

two or more couples live together; and

b

two or more individuals, each of whom is part of one of the couples, would (but for this paragraph) be entitled to a payment under regulation 2(3),

then each of those individuals who would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)) shall instead be entitled to a payment of £100.

3

Where each member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(ii)—

a

the member who is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 20004 shall be entitled to a payment under regulation 2(3)(b)(ii); and

b

the other member shall not be entitled to a payment under regulation 2(3)(b)(ii).

4

Where—

a

only one member of a couple is a qualifying individual;

b

he would (but for this paragraph) be entitled to a payment under regulation 2(3);

c

the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and

d

the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

i

that other member of the couple shall be entitled to a payment of £200; and

ii

the qualifying individual shall not be entitled to a payment under regulation 2(3).

5

Where—

a

only one member of a couple is a qualifying individual;

b

he would (but for this paragraph) be entitled to a payment under either of paragraph (1) or (2);

c

the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and

d

the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

i

that other member of the couple shall be entitled to a payment of £100; and

ii

the qualifying individual shall not be entitled to a payment under these Regulations.