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2. Subject to regulation 3, the Department shall pay to a person who—
(a)in respect of any day falling within the qualifying week is ordinarily resident in Northern Ireland, and
(b)has attained the age of 60 in or before the qualifying week,
a winter fuel payment of—
(i)£100 unless he is in residential care or head (ii)(aa) applies, or
(ii)£50 if income support or an income-based jobseeker’s allowance has not been, nor falls to be, paid to him in respect of the qualifying week and he is—
(aa)in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following the qualifying week, or
(bb)in residential care.
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