3.—(1) Regulation 2 shall not apply in respect of a person who—
(a)is in the qualifying week—
(i)a partner of a person aged 60 or over in the qualifying week to whom income support or an income-based jobseeker’s allowance has been, or falls to be, paid in respect of the qualifying week;
(ii)receiving free in-patient treatment and has been receiving free in-patient treatment for more than 52 weeks, or
(iii)detained in custody under a sentence imposed by a court, or
(b)subject to paragraph (2), has not made a claim for a winter fuel payment before the 31st March following the qualifying week in respect of the winter following that week.
(2) paragraph (1)(b) shall not apply where—
(a)a payment has been made by virtue of regulation 4(1) before the 31st March following the qualifying week in respect of the winter following that week, or
(b)regulation 4(2) applies.