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.