Statutory Instrument 1998 No. 19
The Social Fund Winter Fuel Payment Regulations 1998
(The document as of February, 2008. Arhiv.Online Library)
1998 No. 19
The Social Fund Winter Fuel Payment Regulations 1998
The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 5(1)(i), 59(1) and (2)(c) and 189(1) and (3) to (5) of, and paragraph 4 of Schedule 3 to the Social Security Administration Act 1992 and of all other powers enabling her in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 1998 and shall come into force on 16th January 1998.
(2) In these Regulations -
(b) an increase of an allowance which is payable in respect of constant attendance under paragraph 6(4)(b) of Schedule 8 to that Act;
(b) is married polygamously to two or more members of his household, any such member living in the same household;
(3) Whether in any case a person is or is not to be treated as being a member of a household is to be determined in accordance with regulation 16 of the Income Support Regulations.
(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Prescribed description of persons
(b) income-based jobseeker's allowance is payable and whose applicable amount includes one or more of the premiums specified in paragraphs 10 to 12 of Schedule 1 to the Jobseeker's Allowance Regulations.
(3) Subject to paragraph (4), persons to whom income support or income-based jobseeker's allowance is payable and whose applicable amount includes the allowance specified in paragraph 2A of Schedule 2 to the Income Support Regulations or paragraph 3 of Schedule 1 to the Jobseeker's Allowance Regulations (residential allowance) as the case may be, shall not be entitled to a winter fuel payment.
(b) paragraph 5(a)(i) or (ii) of column (1) in Schedule 5 to the Jobseeker's Allowance Regulations refers and that person's partner is a person to whom paragraph 5(b)(i) or (ii) applies;
(c) paragraph 10(a) or (b) of column (1) in Schedule 7 to the Income Support Regulations refers or, as the case may be, paragraph 6(a) or (b) of column (1) in Schedule 5 to the Jobseeker's Allowance Regulations, applies.
(5) Except in the case of a person to whom paragraph (3) applies or is excluded by virtue of paragraph (7), the second category comprises persons who, in respect of any day falling within the qualifying week, are ordinarily resident in Great Britain and who fall within any of the classes of persons to which paragraph (6) refers.
(b) income-based jobseeker's allowance, where the claimant's applicable amount is determined in accordance with paragraph 3 of Schedule 5 to the Jobseeker's Allowance Regulations;
(c) income support, where the claimant's applicable amount is determined in accordance with paragraph 6 of Schedule 7 to the Income Support Regulations;
(d) retirement pension or graduated retirement benefit;
(e) unemployability supplement under Part I of Schedule 7 to the Contributions and Benefits Act or paragraph 6(4)(a) of Schedule 8 to that Act;
(f) war disablement pension, war widow's pension or temporary allowance to widows of severely disabled war pensioners under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 or payable by virtue of any Scheme made under -
(ii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;
(iii) the Polish Resettlement Act 1947; or
(iv) the Reserve Forces Act 1980; and
(g) widowed mother's allowance or a widow's pension under section 37 or 38 of the Contributions and Benefits Act.
(7) Except in the case of persons to whom paragraph (8) refers, the persons excluded by this paragraph are -
(b) hospital in-patients to whom regulation 6 of the Social Security (Hospital In-Patients) Regulations 1975 (adjustment of personal benefit after 52 weeks in hospital) applies;
(c) persons to whom income support or income-based jobseeker's allowance is payable by virtue of -
(ii) regulation 21 of the Income Support Regulations or regulation 85 of the Jobseeker's Allowance Regulations and either -
(bb) paragraph 13A or 13B of Schedule 7 to the Income Support Regulations (Polish resettlement);
(d) persons in respect of whom a deduction is being made by the Secretary of State from an award under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 or the Personal Injuries (Civilians) Scheme 1983 or under any other Scheme made under any of the Acts specified in paragraph (6)(f), where such persons have been maintained in a hospital or similar institution for a continuous period exceeding 52 weeks.
(8) Paragraph (7)(c)(ii)(aa) shall not have effect to exclude persons from entitlement to a winter fuel payment where the person concerned is temporarily in local authority accommodation under paragraph 10B(1) or (2) of Schedule 7 to the Income Support Regulations.
(b) in the case of a person to whom regulation 2(5) applies -
(ii) who is of no fixed abode, Ј20; or
(iii) in every other case, Ј10.
(2) Where a person falls within both of the categories of persons to which regulation 2(2) or (5) refers, payment shall be made under paragraph (1)(a) only.
(This note is not part of the Regulations)
These Regulations provide for a winter fuel payment to be paid to persons who fall within the categories prescribed in regulation 2 on any day within the qualifying period (defined in regulation 1(2)) of amounts specified in regulation 3. A decision as to entitlement may be made on the basis of official records held by the Secretary of State but not so as to exclude other evidence on a review of that decision under the Social Security Administration Act 1992 (regulation 4).
These Regulations do not impose any charge on business.
 1992 c.4; section 123(1) was amended to have effect with respect to council tax benefit by the Local Government Finance Act 1992 (c.14) Schedule 9 paragraph 1(1) and section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word
 1992 c.5.back
 1995 c.18.back
 Regulation 16 was amended by S.I.1988/663, 1989/534, 1990/547, 1992/468, 3147, 1993/2119, 1996/206 and 1944.back
 Paragraph 9 was substituted and paragraph 9A was inserted by S.I.1989/534 and paragraph 10 was amended by S.I.1988/663 and 1992/468.back
 Paragraph 12 was amended by S.I.1996/2538.back
 Incapacity benefit under section 30A of the Contributions and Benefits Act was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18).back
 1939 c.82.back
 1939 c.83.back
 1947 c.19.back
 1980 c.9.back
 Regulation 6 was amended by S.I.1977/1963, 1987/31 and 1683 and words were substituted by section 18(1) of the Social Security Act 1986,back
 Regulation 19 was amended by S.I.1988/663, 1445, 2022, 1989/1678, 1991/1033, 1992/3147, 2119, 1994/527, 2139, 1995/516, 1996/206 and 462.back
 Regulation 21 was amended by S.I.1990/547, 1991/236, 1033, 1656, 1992/2155, 3147, 1993/315, 518, 2119, 1994/527, 1807, 2139, 1995/516, 1996/30, 206, 1944, 2006, 2431, 2614back
 Paragraph 13A was inserted by S.I.1989/1678 relevant amending instruments S.I.1995/516 and 1996/599 and paragraph 13B by S.I.1994/2139.back
 Paragraph 10B was inserted by S.I.1988/663; relevant amending instrument S.I.1992/2137.back
ISBN 0 11 065348 3