1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 13th November 2000.
(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.
2.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(2) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1 (citation, commencement and interpretation)—
(a)in paragraph (2), the definition of “residential care home” shall be omitted;
(b)in paragraph (3)—
(i)for “In these” there shall be substituted “Subject to paragraph (3A), in these”; and
(ii)for “lives”, in each place where it occurs, there shall be substituted “resides”;
(c)after paragraph (3) there shall be inserted the following paragraph—
“(3A) For the purposes of paragraph (3)(a)(i)—
(a)paragraph 2A(3)(3) of Schedule 2 to the Income Support Regulations(4) (applicable amounts) shall apply as if—
(i)for “sub-paragraph (2), but subject to sub-paragraph (4),” there were substituted “regulation 1(3)(a)(i) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000”; and
(ii)the words from “and a person resides in” to the end of that paragraph were omitted; and
(b)a person who resides in an establishment which is not a residential care home shall be treated as residing in a residential care home during any period when he has a preserved right under regulation 19 (persons in homes for persons in need and nursing homes) of the Income Support Regulations.”;
(3) In regulation 3(1)(a)(i) (persons not entitled to a social fund winter fuel payment), for “of a person” there shall be substituted “of, and living with a person”.
Sealed with the Official Seal of the Department for Social Development on 24th October 2000.
L.S.
John O'Neill
Senior Officer of the
Department for Social Development