Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations 2024 and come into force on 16th September 2024.

(2) Subject to paragraph (3), these Regulations extend to England and Wales only.

(3) Regulations 1 and 7(1), and Schedule 2 (revocations), also extend to Scotland.

(4) In these Regulations—

“ child tax credit” and “working tax credit” have the same meanings as in the Tax Credits Act 2002( 5);

“ couple” means—

“ polygamous marriage” means any marriage which took place under the laws of a country which permits polygamy where—

“ qualifying week” means in respect of any year the week beginning on the third Monday in the September of that year.

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( 6);

(ii) Title III of Part 2 of the EEA EFTA separation agreement, as set out at Article 29 of that agreement( 7);

(iii) Part Three of the Swiss citizens’ rights agreement, as set out at Article 25 of that agreement( 8); 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( 9); 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—

“ 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( 14).

(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.

Amount of a Winter Fuel Payment

3.  The amount of a winter fuel payment is as follows—

(a) if the person has reached the age of 80 in or before the qualifying week, £300;

(b) if the person has not reached the age of 80 in or before the qualifying week but they are a member of a couple or a polygamous marriage and the other member of the couple or another member of that marriage has reached that age in or before that week, £300; or

(c) in any other case, £200.

Persons not entitled to a Winter Fuel Payment

4.—(1) Regulation 2 does not apply in respect of a person who—

(a) throughout the qualifying week, is—

(i) one member of a couple where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to the other member of that couple;

(ii) a member of a polygamous marriage where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to another member of that marriage;

(iii) receiving free in-patient treatment and has been receiving free in-patient treatment for a period of at least 52 weeks ending immediately before the qualifying week;

(iv) detained in custody under a sentence imposed by a court; or

(v) in residential care and has been in residential care for a period of at least 12 weeks ending immediately before the qualifying week;

(b) having been ordinarily resident in England and Wales on a day falling within the qualifying week, becomes ordinarily resident in Scotland or Northern Ireland by the last day of that week; or

(c) subject to paragraph (2), has not made a claim for a winter fuel payment on or before 31st March following the qualifying week in respect of the winter following that week.

(2) Paragraph (1)(c) does not apply where—

(a) a payment has been made by virtue of regulation 5(1) in respect of the winter following the qualifying week; or

(b) regulation 5(2) applies.

(3) In this regulation—

“ care home” in England, has the meaning assigned to it by section 3 of the Care Standards Act 2000( 15), and in Wales, means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016( 16) which is provided wholly or mainly to persons aged 18 or over;

“ free in-patient treatment” is to be construed in accordance with regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005( 17);

“ independent hospital” means—

“ residential care” means, disregarding any period of temporary absence, a person residing in—

Making a Winter Fuel Payment without a claim

5.—(1) The Secretary of State may, on or before the 31st March following the qualifying week, pay a winter fuel payment in respect of the winter following the qualifying week to a person who (disregarding regulation 4(1)(c)) appears to the Secretary of State to be entitled to a payment under regulation 2.

(2) Where a person becomes entitled to state pension credit( 22), universal credit( 23), child tax credit or working tax credit in respect of any day falling within the qualifying week by virtue of a decision made after that week by the Secretary of State, the Commissioners for His Majesty’s Revenue and Customs, the First-tier Tribunal or the Upper Tribunal, the Secretary of State may pay a winter fuel payment to that person in respect of the winter following the qualifying week if (disregarding regulation 4(1)(c)) it appears to the Secretary of State that person is entitled to a payment under regulation 2.

(3) Subject to paragraph (4), for the purposes of paragraphs (1) and (2), official records held by the Secretary of State as to a person's circumstances are sufficient evidence for the purpose of deciding a person’s entitlement to a winter fuel payment and its amount.

(4) Paragraph (3) does not apply so as to exclude the revision of a decision under section 9 of the Social Security Act 1998 (revision of decisions)( 24) or the supersession of a decision under section 10 of that Act (decisions superseding earlier decisions) or the consideration of fresh evidence in connection with the revision or supersession of a decision.

Consequential amendments to the Social Security (Claims and Payments) Regulations 1987

6.—(1) The Social Security (Claims and Payments) Regulations 1987( 25) are amended as follows.

(2) In regulation 4(6A)(a)(ii) (making a claim for benefit)( 26) for “regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations 2000” substitute “regulation 4(1)(c) of the Social Fund Winter Fuel Payment Regulations 2024”.

(3) Omit regulation 36(2) (payment to partner as alternative payee)( 27).

Revocations and expiry

7.—(1) The Regulations specified in the first column of the table in Schedule 2 are revoked to the extent specified in the third column of that table.

(2) The following provisions cease to have effect on 1st April 2025—

(a) in regulation 2—

(i) in paragraph (1)(b), the words “or (3)”;

(ii) paragraph (3);

(iii) in paragraph (4), the definition of “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement”; and

(iv) in paragraph (5), the words “and (3)(c)(i)”; and

(b) Schedule 1.

Schedules

Regulation 2(3)(a)

Schedule 1 Countries

Regulation 7(1)

Schedule 2 Regulations revoked

Explanatory Note

(This note is not part of the Regulations)

These Regulations require the Secretary of State to pay a winter fuel payment to a person who, in the week beginning on the third Monday in September in any year, has reached pensionable age, and

• is ordinarily resident in England and Wales and entitled to income support, income-based jobseeker’s allowance, state pension credit, income-related employment and support allowance or universal credit (“relevant benefits”) or an award of child tax credit or working tax credit of not less than £26 in respect of the tax year 2024-25; or

• is habitually resident in one of the countries listed in Schedule 1 and demonstrates an entitlement to a benefit in that country which is equivalent to a relevant benefit, if that person is covered by the Withdrawal Agreement or one of the other Agreements listed in regulation 2(3)(b) and they are able to demonstrate a genuine and sufficient link to the United Kingdom.

A person is not entitled to a winter fuel payment where the person:

• is a member of a couple where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to the other member of the couple;

• is a member of a polygamous marriage where the Secretary of State has paid a winter fuel payment in respect of the qualifying week to another member of that marriage;

• has been in hospital getting free treatment for more than a year;

• is in prison serving a sentence throughout the qualifying week;

• is in residential care throughout the qualifying week and the period of 12 weeks immediately before that week; or

• has not made a claim for a winter fuel payment by 31 March following the qualifying week.

There are exceptions to the requirement to make a claim for a winter fuel payment. The first exception applies if the Secretary of State has paid a winter fuel payment to a person who appears to be eligible (based on official records) before 31 March.

The second exception applies if a person becomes entitled to state pension credit, universal credit, child tax credit or working tax credit in respect of a day in the qualifying week by virtue of a decision made after that week. In those circumstances, a winter fuel payment may be paid to the person if it appears to the Secretary of State that they are eligible.

The amount of a winter fuel payment is £300, if the person has reached the age of 80 in or before the qualifying week or they are in a couple or a polygamous marriage and the other member of that couple or marriage has reached that age, and £200, in any other case.

These Regulations revoke the Social Fund Winter Fuel Payment Regulations 2000 ( S.I. 2000/729) as well as provisions amending those Regulations. Provision is also made for the provisions giving entitlement to winter fuel payments to persons habitually resident in one of the countries listed in Schedule 1 to expire on 1st April 2025.

Hard copies of the documents referenced in regulation 2(3)(b) are available by writing to the International Policy team, Department for Work and Pensions, Caxton House, Tothill Street, London, SW1H 9NA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.