Payments for 2004

Entitlement: special cases
3
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.