The Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2000

Amendment of the Social Fund Winter Fuel Payment Regulations

2.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(1) 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)(2) of Schedule 2 to the Income Support Regulations(3) (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”.

(1)

S.R. 2000 No. 91

(2)

Paragraph 2A(3) was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by paragraph 1(j) of Schedule 12 to S.R. 1994 No. 65

(3)

S.R. 1987 No. 459; relevant amending regulations are S.R. 1993 No. 149 and S.R. 1994 No. 65