The Social Fund Winter Fuel Payment Regulations 2024

Entitlement to a Winter Fuel Payment

2.—(1) Subject to regulation 4, the Secretary of State must pay a winter fuel payment out of the social fund to a person where—

(a) that person has reached pensionable age in or before the qualifying week; and

(b) in respect of any day falling within the qualifying week, paragraph (2) or (3) applies to the person.

(2) This paragraph applies if the person is—

(a) ordinarily resident in England and Wales; and

(b) entitled to—

(i) a relevant benefit; or

(ii) an award of child tax credit or working tax credit of not less than £26 in respect of the tax year 2024-25.

(3) This paragraph applies if the person is—

(a) habitually resident in any of the countries listed in Schedule 1;

(b) covered by—

(i) Title III of Part 2 of the withdrawal agreement, as set out at Article 30 of that agreement(1);

(ii) Title III of Part 2 of the EEA EFTA separation agreement, as set out at Article 29 of that agreement(2);

(iii) Part Three of the Swiss citizens’ rights agreement, as set out at Article 25 of that agreement(3); or

(iv) the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1st February 2019, as set out in Article 2 of that Convention(4); and

(c) able to demonstrate—

(i) entitlement to a benefit payable in the country in which the person is habitually resident that is equivalent to a relevant benefit; and

(ii) a genuine and sufficient link to the United Kingdom.

(4) In this regulation—

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26);

“relevant benefit” means—

(a)

income support under Part 7 of the Social Security Contributions and Benefits Act 1992;

(b)

an income-based jobseeker’s allowance under the Jobseekers Act 1995(5);

(c)

state pension credit under the State Pension Credit Act 2002(6);

(d)

an income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007(7);

(e)

universal credit under Part 1 of the Welfare Reform Act 2012(8);

“withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(9).

(5) The reference in paragraph (2)(b) and (3)(c)(i) to a person being entitled to a relevant benefit or tax credit includes where the person is a member of a couple or polygamous marriage and the other member of the couple or another member of that marriage is entitled to the benefit or tax credit.

(1)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/862063/TS3202_1.PDF.

(2)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/861908/MS_1.2020_Agreement_on_arrangements_between_Iceland__Liechtenstein__Norway_and_UK_following_withdrawal_of_UK_from_EU__EEA_agreement_and_other_agreements_applicable_UK_and_EEA_EFTA_States.pdf .

(3)

https://assets.publishing.service.gov.uk/media/5c77e524ed915d29df8f9f59/CS_Swiss_5.2019_Citizens.pdf.

(4)

https://assets.publishing.service.gov.uk/media/5c629e1ee5274a31522b14be/CS_Ireland_1.2019_Soc_Sec.pdf.

(5)

1995 c. 18.

(6)

2002 c. 16.

(7)

2007 c. 5.

(8)

2012 c. 5.

(9)

2020 c. 1, amended by S.I. 2024/164.