The Social Fund Winter Fuel Payment (Amendment) (No.2) Regulations 2003

This Statutory Instrument has been made in consequence of a defect in SI 2003/1737 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2003 No. 2192

SOCIAL SECURITY

The Social Fund Winter Fuel Payment (Amendment) (No.2) Regulations 2003

Made

26th August 2003

Laid before Parliament

2nd September 2003

Coming into force

3rd September 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 138(2) and (4) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) (No.2) Regulations 2003 and shall come into force on 3rd September 2003.

Amendment of regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000

2.  For paragraph (2)(b) of regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments)(3) substitute—

“(b) in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that—

(i) where he is 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 that week who has also attained the age of 80 in or before that week, or

(ii) where he is in residential care,

there shall be substituted the sum of £150.”.

Signed by authority of the Secretary of State for Work and Pensions.

Des Browne

Minister of State,

Department for Work and Pensions

26th August 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Fund Winter Fuel Payment Regulations 2000 (S.I.2000/729 as amended) so as to provide for the payment of an additional £50 by way of winter fuel payment for a person who is in residential care who is not in receipt of income support or an income-based jobseeker’s allowance and who has attained the age of 80 by the end of the qualifying week.

As these Regulations correct an error in the Social Fund Winter Fuel Payment (Amendment) Regulations 2003 (S.I.2003/1737) they are being issued free of charge.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I.2000/729. Relevant amending instruments are S.I.2000/2864, 2001/3375, 2002/2660 and 2003/1737.