(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.