The Social Fund Winter Fuel Payment Regulations 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 138(2) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992[^f00001], sections 5(1)(a) and (i) and 189(1) and (4) to (6) of the Social Security Administration Act 1992[^f00002], sections 16(1) and 79(1) and (4) of, and paragraph 3 of Schedule 5 to, the Social Security Act 1998[^f00003] and section 71(1)(a), (2)(a), (3) and (5) of the Scotland Act 2016[^f00004].

In accordance with section 173(1)(a) of the Social Security Administration Act 1992, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

Citation, commencement, extent and interpretation

1

• (1) These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2024 and come into force on 16th September 2024.

• (2) Subject to paragraph (3), these Regulations extend to England and Wales only.

• (3) Regulations 1 and 7(1), and Schedule 2 (revocations), also extend to Scotland.

• (4) In these Regulations—

• “child tax credit” and “working tax credit” have the same meanings as in the Tax Credits Act 2002[^f00005];

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

• “polygamous marriage” means any marriage which took place under the laws of a country which permits polygamy where—any member of the marriage is for the time being married to more than one person; andall the members of the marriage are members of the same household;

• “qualifying week” means in respect of any year the week beginning on the third Monday in the September of that year.

Entitlement to a Winter Fuel Payment

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Amount of a Winter Fuel Payment

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Persons not entitled to a Winter Fuel Payment

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Making a Winter Fuel Payment without a claim

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Consequential amendments to the Social Security (Claims and Payments) Regulations 1987

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Revocations and expiry

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• (1) The Regulations and Orders specified in the first column of the table in Schedule 2 are revoked to the extent specified in the third column of that table.

• (2) The following provisions cease to have effect on 1st April 2025—

• (a) in regulation 2—

• (i) in paragraph (1)(b), the words “or (3)”;

• (ii) paragraph (3);

• (iii) in paragraph (4), the definition of “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement”; and

• (iv) in paragraph (5), the words “and (3)(c)(i)”; and

• (b) Schedule 1.

Schedule 1 — Countries

Schedule 2 — Regulations and Orders revoked

Signed

Signed by authority of the Secretary of State

Emma Reynolds — Parliamentary Under Secretary of State — Department for Work and Pensions — at 9.00 a.m. on 22nd August 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations require the Secretary of State to pay a winter fuel payment to a person who, in the week beginning on the third Monday in September in any year, has reached pensionable age, and

• is ordinarily resident in England and Wales and entitled to income support, income-based jobseeker’s allowance, state pension credit, income-related employment and support allowance or universal credit (“relevant benefits”) or an award of child tax credit or working tax credit of not less than £26 in respect of the tax year 2024-25; or

• is habitually resident in one of the countries listed in Schedule 1 and demonstrates an entitlement to a benefit in that country which is equivalent to a relevant benefit, if that person is covered by the Withdrawal Agreement or one of the other Agreements listed in regulation 2(3)(b) and they are able to demonstrate a genuine and sufficient link to the United Kingdom.

A person is not entitled to a winter fuel payment where the person:

• is a member of a couple where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to the other member of the couple;

• is a member of a polygamous marriage where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to another member of that marriage;

• has been in hospital getting free treatment for more than a year;

• is in prison serving a sentence throughout the qualifying week;

• is in residential care throughout the qualifying week and the period of 12 weeks immediately before that week; or

• has not made a claim for a winter fuel payment by 31 March following the qualifying week.

There are exceptions to the requirement to make a claim for a winter fuel payment. The first exception applies if the Secretary of State has paid a winter fuel payment to a person who appears to be eligible (based on official records) before 31 March.

The second exception applies if a person becomes entitled to state pension credit, universal credit, child tax credit or working tax credit in respect of a day in the qualifying week by virtue of a decision made after that week. In those circumstances, a winter fuel payment may be paid to the person if it appears to the Secretary of State that they are eligible.

The amount of a winter fuel payment is £300, if the person has reached the age of 80 in or before the qualifying week or they are in a couple or a polygamous marriage and the other member of that couple or marriage has reached that age, and £200, in any other case.

These Regulations revoke the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) as well as provisions amending those Regulations. Provision is also made for the provisions giving entitlement to winter fuel payments to persons habitually resident in one of the countries listed in Schedule 1 to expire on 1st April 2025.

Hard copies of the documents referenced in regulation 2(3)(b) are available by writing to the International Policy team, Department for Work and Pensions, Caxton House, Tothill Street, London, SW1H 9NA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1992 c. 4. See section 138(4) for the definition of “prescribed”. Section 175(1) is amended by paragraph 29(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

[^f00002]: 1992 c. 5. See section 191 for the definition of “prescribed”. Section 189(1) is amended by paragraph 109(a) of Schedule 7 to the Social Security Act 1998 (c. 14) (“the 1998 Act”) and paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2). Section 189(4) is amended by paragraph 109(c) of Schedule 7 to the 1998 Act and section 189(5) is amended by paragraph 109(d) of Schedule 7 to that Act. Section 189(4) and (6) is amended by S.I. 2013/252.

[^f00003]: 1998 c. 14. Section 79(1) is amended by paragraph 13(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21) and by S.I. 2008/2833.

[^f00004]: 2016 c. 11. See also section 23 which amends Section F1 (social security schemes) in Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46), to give the Scottish Parliament legislative competence over provision of financial or other assistance for the purposes of meeting or reducing expenses for heating incurred due to cold weather.

[^f00005]: 2002 c. 21.

Editorial notes

[^key-28ca92d1d2e10abe098a8edac3c9972a]: Reg. 1 in force at 16.9.2024, see reg. 1(1)

[^key-ba58c591012687fa785c5c71078c7e67]: Reg. 7 in force at 16.9.2024, see reg. 1(1)

[^key-e92d3c01a9a32bb153322e78655494d7]: Sch. 2 in force at 16.9.2024, see reg. 1(1)

[^key-9083e272940cd18d5a6163c50d1793e3]: Words in Sch. 2 heading inserted (16.9.2024) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898), regs. 1(1), 2(3)(a)

[^key-dddc12f7aba7f0bc6ba9f0550f2a2f0b]: Words in Sch. 2 table inserted (16.9.2024) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898), regs. 1(1), 2(3)(b)

[^key-ef0c75cfa66e0dc5f0afe934f44a334c]: Words in Sch. 2 table substituted (16.9.2024) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898), regs. 1(1), 2(3)(c)(i)

[^key-fd71910280f865fe679ab77de646d0d0]: Words in Sch. 2 table substituted (16.9.2024) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898), regs. 1(1), 2(3)(c)(ii)

[^key-d4011a7d92ecc3da7e63a80d7a835b0b]: Words in reg. 7(1) inserted (16.9.2024) by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024 (S.I. 2024/898), regs. 1(1), 2(2)