Statutory Instruments
2024 No. 869
[F1SOCIAL SECURITY
The Social Fund Winter Fuel Payment Regulations 2024
Made
at 9.00 a.m. on 22nd August 2024
Laid before Parliament
at 2.30 p.m. on 22nd August 2024
Coming into force
16th September 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 138(2) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992(1), sections 5(1)(a) and (i) and 189(1) and (4) to (6) of the Social Security Administration Act 1992(2), sections 16(1) and 79(1) and (4) of, and paragraph 3 of Schedule 5 to, the Social Security Act 1998(3) and section 71(1)(a), (2)(a), (3) and (5) of the Scotland Act 2016(4).
In accordance with section 173(1)(a) of the Social Security Administration Act 1992, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.F1]
[F1Citation, commencement, extent and interpretation I1
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—
two people who are married to, or civil partners of, each other and are members of the same household; or
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
“ polygamous marriage ” means any marriage which took place under the laws of a country which permits polygamy where—
any member of the marriage is for the time being married to more than one person; and
all the members of the marriage are members of the same household;
“ qualifying week ” means in respect of any year the week beginning on the third Monday in the September of that year. F1]
Entitlement to a Winter Fuel Payment
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of a Winter Fuel Payment
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons not entitled to a Winter Fuel Payment
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Making a Winter Fuel Payment without a claim
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consequential amendments to the Social Security (Claims and Payments) Regulations 1987
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1Revocations and expiry I2
7.—(1) The Regulations [F2 and OrdersF2] 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.F1]
Signed by authority of the Secretary of State
Emma Reynolds
Parliamentary Under Secretary of State
Department for Work and Pensions
at 9.00 a.m. on 22nd August 2024
Schedules
Regulation 2(3)(a)
Schedule 1 Countries
| F1 ... |
|---|
Regulation 7(1)
[F1Schedule 2 Regulations [F3and OrdersF3] revoked I3
| Regulations [F4 and OrdersF4] revoked | Reference | Extent of revocation |
|---|---|---|
| The Social Fund Winter Fuel Payment Regulations 2000 | S.I. 2000/729 | The whole regulations |
| The Social Fund Winter Fuel Payment and Maternity and Funeral Expenses (General) Amendment Regulations 2000 | S.I. 2000/2229 | Regulation 2 |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2000 | S.I. 2000/2864 | The whole regulations |
| The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2000 | S.I. 2000/2997 | The whole regulations |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2001 | S.I. 2001/3375 | The whole regulations |
| The Social Security (Claims and Payments and Miscellaneous Amendment) (No. 3) Regulations 2002 | S.I. 2002/2660 | Regulation 3 |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2003 | S.I. 2003/1737 | The whole regulations |
| The Social Fund Winter Fuel Payment (Amendment) (No. 2) Regulations 2003 | S.I. 2003/2192 | The whole regulations |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2004 | S.I. 2004/2154 | The whole regulations |
| The Social Security (Care Homes and Independent Hospitals) Regulations 2005 | S.I. 2005/2687 | Regulation 8 |
| The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc Provisions) Order 2005 | S.I. 2005/2877 | [F5 Paragraph 32F5] of Schedule 3 |
| The Social Security (Hospital In-Patients) Regulations 2005 | S.I. 2005/3360 | Regulation 7 |
| The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 | S.I. 2008/1554 | Regulation 7 |
| The Social Security (Equalisation of State Pension Age) Regulations 2009 | S.I. 2009/1488 | Regulations 18 to 21 |
| The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 | S.I. 2010/1881 | [F6 Article 10F6] |
| The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 | S.I. 2011/2581 | Paragraph 29 of Schedule 2 |
| The Social Security (Miscellaneous Amendments) Regulations 2012 | S.I. 2012/757 | Regulation 18 |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2013 | S.I. 2013/1509 | The whole regulations |
| The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 | S.I. 2014/107 | Paragraph 28 of Schedule 1 |
| The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 | S.I. 2014/3229 | Paragraph 19 of Schedule 6 |
| The Social Fund Winter Fuel Payment (Amendment) Regulations 2014 | S.I. 2014/3270 | The whole regulations |
| The Social Security (Miscellaneous Amendments) Regulations 2015 | S.I. 2015/67 | Regulation 4 |
| The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Provision) Regulations 2018 | S.I. 2018/228 | Regulation 6 |
| The Social Security (Updating of EU References) (Amendment) Regulations 2018 | S.I. 2018/1084 | Paragraph 9 of the Schedule |
| The Civil Partnership (Opposite-Sex Couples) Regulations 2019 | S.I. 2019/1458 | Paragraph 58 of Schedule 3 |
| The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 | S.I. 2021/811 | Regulation 2 |
| The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023 | S.I. 2023/549 | The whole regulationsF1] |
1992 c. 4. See section 138(4) for the definition of “prescribed”. Section 175(1) is amended by paragraph 29(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).
1992 c. 5. See section 191 for the definition of “prescribed”. Section 189(1) is amended by paragraph 109(a) of Schedule 7 to the Social Security Act 1998 (c. 14) (“the 1998 Act”) and paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2). Section 189(4) is amended by paragraph 109(c) of Schedule 7 to the 1998 Act and section 189(5) is amended by paragraph 109(d) of Schedule 7 to that Act. Section 189(4) and (6) is amended by S.I. 2013/252.
1998 c. 14. Section 79(1) is amended by paragraph 13(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21) and by S.I. 2008/2833.
2016 c. 11. See also section 23 which amends Section F1 (social security schemes) in Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46), to give the Scottish Parliament legislative competence over provision of financial or other assistance for the purposes of meeting or reducing expenses for heating incurred due to cold weather.