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PART IIPayments to Persons over the age of 65

Entitlement: basic cases

2.—(1) A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week—

(a)he is single; and

(b)he is not living with another qualifying individual.

(2) A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week—

(a)he is single; and

(b)he is living with another qualifying individual.

(3) A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week he is part of a couple and—

(a)the other member of the couple is not in receipt of guarantee credit, income-based jobseeker’s allowance or income support; and

(b)either—

(i)the other member of the couple is not a qualifying individual; or

(ii)either member of the couple is in receipt of savings credit.

(4) A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week he is part of a couple and the other member of the couple is also a qualifying individual.

(5) This regulation is subject to regulation 3.

Entitlement: special cases

3.—(1) Where—

(a)A member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)); and

(b)the couple lives with one or more qualifying individuals who are single,

then the member of the couple shall instead be entitled to a payment of £100.

(2) Where—

(a)two or more couples live together; and

(b)two or more individuals, each of whom is part of one of the couples, would (but for this paragraph) be entitled to a payment under regulation 2(3),

then each of those individuals who would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)) shall instead be entitled to a payment of £100.

(3) Where each member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(ii)—

(a)the member who is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(1) shall be entitled to a payment under regulation 2(3)(b)(ii); and

(b)the other member shall not be entitled to a payment under regulation 2(3)(b)(ii).

(4) Where—

(a)only one member of a couple is a qualifying individual;

(b)he would (but for this paragraph) be entitled to a payment under regulation 2(3);

(c)the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000; and

(d)the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

(i)that other member of the couple shall be entitled to a payment of £200; and

(ii)the qualifying individual shall not be entitled to a payment under regulation 2(3).

(5) Where—

(a)only one member of the couple is a qualifying individual;

(b)he would (but for this paragraph) be entitled to a payment under either of paragraph (1) or (2);

(c)the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000; and

(d)the qualifying individual is not to receive a payment in 2005 under those Regulations,

then—

(i)that other member of the couple shall be entitled to a payment of £100; and

(ii)the qualifying individual shall not be entitled to a payment under these Regulations.