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These Regulations further amend the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000. Unregistered homes are excluded from the definition of “residential care” for the purposes of entitlement to a winter fuel payment; however, a person living in such a home who has a preserved right under regulation 19 (applicable amounts for persons in homes for persons in need and nursing homes) of the Income Support (General) Regulations (Northern Ireland) 1987 is treated as living in a residential care home (regulation 2(2)). A person is not disentitled to a winter fuel payment even though he is a partner of a person entitled to such a payment where the 2 people do not live in the same household (regulation 2(3)).
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
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