Age-Related Payments Act 2004

3 Entitlement: special cases E+W+S

(1) 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 subsection) be entitled to a payment under section 2(3)(a) (and not under section 2(3)(b)),

then each of those individuals shall instead be entitled to a payment of £50.

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

(a) the member who is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) shall be entitled to the payment under section 2(3)(b), and

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

(3) Where—

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

(b) he would (but for this subsection) be entitled to a payment under section 2(3),

(c) the other member of the couple is to receive a payment in 2004 under the Social Fund Winter Fuel Payment Regulations 2000, and

(d) the qualifying individual is not to receive a payment in 2004 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 section 2(3).

(4) Subsection (5) applies to a qualifying individual if—

(a) on the last day of the relevant week he is living in a care home, and

(b) throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a care home.

(5) Where this subsection applies to a qualifying individual—

(a) if he is not in receipt of state pension credit at any time in the relevant week, he shall be entitled to a payment of £50 (and he shall not be entitled to a payment under section 2), and

(b) if at any time in the relevant week he is in receipt of state pension credit, he shall not be entitled to a payment under section 2 or this section.

(6) Where a person to whom subsection (5) applies is part of a couple, in the application of section 2(3) and (4) to the other member of the couple the person to whom subsection (5) applies shall be treated as a non-qualifying individual.