EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for winter fuel payments.
Regulation 2 requires the Department to pay a winter fuel payment to a person (“P”) who, in the week beginning on the third Monday in September (“the qualifying week”) in any year, has reached pensionable age and is ordinarily resident in Northern Ireland.
Regulation 3 sets out the amount of a winter fuel payment. The amount of a winter fuel payment depends on whether P has reached the age of 80 in or before the qualifying week. Where P has not reached the age of 80 in or before the qualifying week, the amount of a winter fuel payment is—
- £200;
- £100, where P has not been paid, and will not be paid, state pension credit or another means-tested benefit included in the definition of “relevant benefit” for the qualifying week and P is living with a person entitled to a winter fuel payment that winter;
- £100, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and is in residential care (as defined);
- £300, where P has been paid, or will be paid, state pension credit or another relevant benefit for the qualifying week and P is the partner of, and living with, a person who has reached the age of 80 in or before the qualifying week.
Where P has reached the age of 80 in or before the qualifying week, the amount of a winter fuel payment is—
- £300;
- £200, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and P is living with a person entitled to a winter fuel payment that winter and that person has not reached the age of 80;
- £150, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and P is living with a person entitled to a winter fuel payment that winter and that person has reached the age of 80;
- £150, where P has not been paid, and will not be paid, state pension credit or another relevant benefit for the qualifying week and is in residential care.
Regulation 4 sets out the circumstances in which P is not entitled to a winter fuel payment, namely where, throughout the qualifying week, P—
- is the partner of, and living with, a person who has reached pensionable age in or before the qualifying week, and has been, or will be, paid state pension credit or another relevant benefit for the qualifying week;
- is in hospital getting free treatment and has been receiving that treatment for more than 52 weeks;
- is in prison serving a sentence;
- is in residential care and has been in residential care for the preceding 12 weeks and has been, or will be, paid state pension credit or another relevant benefit in respect of the qualifying week.
P is also not entitled to a winter fuel payment if they have not made a claim for it by 31st March following the qualifying week, subject to regulation 5, or where they become ordinarily resident in England or Wales or Scotland by the last day of the qualifying week.
Regulation 5 sets out the circumstances in which the Department may make a winter fuel payment without a claim, including where the Department has made an automated payment based on information held by the Department for Communities.
Regulation 6 makes a consequential amendment to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465).
Regulation 7 revokes the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024 (S.R. 2024 No. 160) and the Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024 No. 189).
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 150(1)(a) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
A regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business.