The Social Fund Cold Weather Payments (General) Amendment Regulations 2013

Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988

2.—(1) The Social Fund Cold Weather Payments (General) Regulations 1988(1) are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) before the definition of “the Act” insert—

““the 2012 Act” means the Welfare Reform Act 2012(2);”;

(b) in the definition of “claimant”(3) for “or income-related employment and support allowance” substitute “, income-related employment and support allowance or universal credit”;

(c) after the definition of “station” insert—

““universal credit” means universal credit under Part 1 of the 2012 Act;”.

(3) In regulation 1A(2) (prescribed description of persons)(4)—

(a) omit the word “or” between sub-paragraphs (c) and (d);

(b) at the end of sub-paragraph (d) add—

“; or

(e) universal credit.”.

(4) In regulation 1A(3)—

(a) for “(c) or (d)” substitute “(c), (d) or (e)”;

(b) omit the word “or” between sub-paragraphs (d) and (e);

(c) after sub-paragraph (e) add—

“; or

(f) where P has been awarded universal credit—

(i) the award includes an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled); or

(ii) the award includes an amount under section 12(1) of the 2012 Act in respect of the needs or circumstances specified in section 12(2)(a) or (b) (limited capability for work or limited capability for work and work-related activity) or would do so if it did not include an amount in respect of the needs or circumstances specified in section 12(2)(c) (caring responsibilities for a severely disabled person).”.

(5) After regulation 1A(4) insert—

“(4A) In relation to a person who has been awarded universal credit, the third condition applies as if paragraph (4)(d) were omitted.”.

(6) At the end of regulation 1A add—

“(6) The fourth condition, which applies only where the person has been awarded universal credit and their award of universal credit does not include an amount under section 10(2) of the 2012 Act (child or qualifying young person who is disabled) is that—

(a) in a case where a cold weather payment is payable in relation to a recorded period of cold weather as mentioned in regulation 2(1)(a)(i)(5), the person was not in employment or gainful self-employment on any day during that period; or

(b) in a case where a cold weather payment is payable in relation to a forecasted period of weather as mentioned in regulation 2(1)(a)(ii), the person is not in employment or gainful self-employment on the day when the Meteorological Office supplies the Department for Work and Pensions with the forecast.

(7) For the purpose of paragraph (6)—

(a) “employment” means employment under a contract of service, or in an office, including an elective office;

(b) a person is in gainful self-employment where—

(i) they are carrying on a trade, profession or vocation as their main employment;

(ii) their earnings from that trade, profession or vocation are treated as self-employed earnings for the purpose of regulations made under section 8(3) of the 2012 Act; and

(iii) the trade, profession or vocation is organised, developed, regular and carried on in expectation of profit.”.

(1)

S.I. 1988/1724.

(2)

2012 c. 5.

(3)

The definition of “claimant” was substituted by S.I. 1991/2238 and amended by S.I. 2005/2724 and S.I. 2008/1554.

(4)

Regulation 1A is inserted by S.I. 1991/2448 and substituted by S.I. 2010/2442.

(5)

Regulation 2(1)(a) is amended by S.I. 1992/2448. Other amendments have been made which are not relevant to these Regulations.