The Winter Heating Assistance (Low Income) (Scotland) Regulations 2023
In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
Citation and commencement1.
These Regulations may be cited as the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023 and come into force on the day after the day on which they are made.
Interpretation2.
In these Regulations—
“the 2018 Act” means the Social Security (Scotland) Act 2018,
“applicable amount” means—
(a)
(b)
(c)
“determination” means a determination of entitlement within the meaning of section 25 of the 2018 Act,
“qualifying week” means the week running from the first Monday in November in any year, and
“winter heating payment” means winter heating assistance given in accordance with these Regulations.
Overview3.
(1)
Regulation 4 makes provision in respect of eligibility rules for determining entitlement to winter heating payment.
(2)
Regulations 5 to 8 make provision about matters of procedure for determining entitlement to winter heating payment.
(3)
Regulations 9 and 10 make provision about the winter heating payment that is to be given to individuals who are eligible for assistance.
Eligibility rules for winter heating payment4.
(1)
An individual is entitled to be paid winter heating payment if the individual satisfies, in respect of a qualifying week, the conditions specified in paragraphs (2) to (4).
(2)
The first condition is that, in respect of any day within the qualifying week, the individual—
(a)
has been awarded any of the following—
(i)
state pension credit,
(ii)
income support,
(iii)
an income-based jobseeker’s allowance,
(iv)
an income-related employment and support allowance,
(v)
universal credit,
(vi)
owner-occupier loan payments and is treated as entitled to a benefit specified in heads (ii) to (iv),
(vii)
owner-occupier loan payments and is treated as entitled to state pension credit, and
(b)
is resident in Scotland.
(3)
The second condition (which applies only if the individual falls within paragraph (2)(a)(ii), (iii), (iv), (v), or (vi)) is that, in respect of the day to which paragraph (2) relates—
(a)
the individual’s family includes a member aged younger than 5 years old,
(b)
(c)
F1(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)
where the individual has been awarded income-related employment and support allowance—
(i)
(ii)
the individual is a member of the work-related activity group or is a member of the support group,
(f)
where the individual has been awarded universal credit—
(i)
(ii)
(g)
where the individual has been awarded owner-occupier loan payments, the individual’s applicable amount, if the individual were entitled to a benefit specified in paragraph (2)(a)(ii) to (iv), would include one or more of the premiums specified in—
(i)
where the individual is treated as entitled to income support, paragraphs 9 to 14 of Part 3 of schedule 2 of the Income Support (General) Regulations 1987,
(ii)
where the individual is treated as entitled to jobseeker’s allowance, paragraphs 10 to 16 of Part 3 of schedule 1 of the Jobseeker’s Allowance Regulations 1996,
(iii)
where the individual is treated as entitled to employment and support allowance, paragraphs 5 to 7 of Part 2 of schedule 4 of the Employment and Support Allowance Regulations 2008.
(4)
The third condition, which applies only where the individual has been awarded universal credit and their award of universal credit does not include an amount under section 10(2) of the 2012 Act, is that the person is not in employment or gainful self-employment on any day during the qualifying week.
(5)
In this regulation—
(a)
“employment” means employment under a contract of service, or in an office, including an elective office,
(b)
(c)
a person is in “gainful self-employment” where—
(i)
they are carrying on a trade, profession or vocation as their main employment,
(ii)
their earnings from that trade, profession or vocation are treated as self-employed earnings for the purpose of regulations made under section 8(3) of the 2012 Act, and
(iii)
the trade, profession or vocation is organised, developed, regular and carried on in expectation of profit,
(d)
(e)
(f)
(g)
(h)
(i)
(j)
“universal credit” means universal credit under Part 1 of the 2012 Act.
Determination of entitlement to winter heating payment without application5.
The Scottish Ministers must, without receiving an application, make a determination of an individual’s entitlement to winter heating payment under section 30 of the 2018 Act where it appears to the Scottish Ministers from information available to them that the individual is likely to meet the eligibility rules in regulation 4.
Determination following official error – underpayments6.
(1)
The Scottish Ministers must make a determination of an individual’s entitlement to winter heating payment, without receiving an application, where—
(a)
they have previously made a determination of the individual’s entitlement to winter heating payment, and
(b)
they establish that, due to an official error, that determination was incorrect resulting in the individual not being given an award of winter heating payment to which the individual was entitled.
(2)
In this regulation, “official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone else.
Determination following error – overpayments7.
(1)
The Scottish Ministers must make a determination of an individual’s entitlement to winter heating payment, without receiving an application, where—
(a)
they have previously made a determination of the individual’s entitlement to winter heating payment, and
(b)
they establish that, due to an error, that determination was incorrect resulting in the individual being given an award of winter heating payment to which the individual was not entitled.
(2)
In this regulation, references to an “error” are to—
(a)
an error in the performance of a function conferred by these Regulations or the 2018 Act, including a determination being made—
(i)
wrongly, or
(ii)
correctly but on the basis of—
(aa)
incorrect information, or
(bb)
an assumption which proves to be wrong, or
(b)
a new determination not being made after an assumption on the basis of which an earlier determination was made has proved to be wrong.
Periods for re-determination requests8.
(1)
The period for requesting a re-determination of entitlement to winter heating payment under section 41 (right to request a re-determination) of the 2018 Act is 31 days beginning with the day that the individual is informed, in accordance with section 40 (notice of determination) of that Act, of the right to make the request.
(2)
In relation to determining entitlement to winter heating payment, the period allowed for re-determination (within the meaning of section 43 (duty to re-determine) of that Act) is 16 working days beginning with—
(a)
the day that the request for a re-determination is received by Scottish Ministers,
(b)
where the request for a re-determination is received by the Scottish Ministers later than the period prescribed by paragraph (1), the day on which the Scottish Ministers, or, on appeal, the First-tier Tribunal for Scotland, decide that the individual in question has a good reason for not requesting the re-determination sooner, or
(c)
in a case where the Scottish Ministers have informed the individual of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require.
(3)
For the purpose of paragraph (2), a “working day” is a day other than—
(a)
a Saturday,
(b)
a Sunday, or
(c)
Value and form of winter heating payment9.
(1)
The value of winter heating payment is F2£59.75.
(2)
Winter heating payment is to be given in the form of money in a single payment made in respect of the winter following the qualifying week.
Making payments10.
(1)
Where winter heating payment is payable in respect of an individual, the Scottish Ministers may, where they consider it appropriate, make the payment to another person to be used for the benefit of the individual.
(2)
Where the Scottish Ministers consider, for any reason, that it is no longer appropriate for a particular person who falls within paragraph (1) to continue to receive the payment, they may cease making payment to that person and pay it instead to the individual who is entitled to the payment or another person.
St Andrew’s House,
Edinburgh
These Regulations make provision about payments of winter heating payment to certain individuals who are in receipt of specified low income benefits. Regulation 4 sets out the eligibility rules for winter heating payment. Regulations 5 to 8 make provision about matters of procedure for determining entitlement to winter heating payment. Regulations 9 and 10 provide for payments of winter heating payment. A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Social Security Directorate, Scottish Government, Area 1B South, Victoria Quay, Edinburgh EH6 6QQ, and online at www.legislation.gov.uk.