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5.—(1) 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 4(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 £50; and
(ii)the qualifying individual shall not be entitled to a payment under regulation 4(2).
(2) A qualifying individual shall not be entitled to a payment under this Part if—
(a)on the last day of the relevant week he is living in a residential care home or a nursing home; and
(b)throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a residential care home or a nursing home.
(3) Where a person who ceases to be entitled to a payment by virtue of paragraph (2) is part of a couple, in the application of regulation 4(2) and (3) to the other member of the couple, the person who ceases to be entitled under paragraph (2) shall be treated as a non-qualifying individual.
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