Social Security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024 and shall come into operation on 16th September 2024. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. 3 In these Regulations— ““child tax credit” and “working tax credit”” have the same meanings as in the Tax Credits Act 2002 ; “ 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. Entitlement to a Winter Fuel Payment 2 1 Subject to regulation 4, the Department 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) ... applies to the person. 2 This paragraph applies if the person is— a ordinarily resident in Northern Ireland, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In this regulation— “ pensionable age ” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995; “ relevant benefit ” means— income support under Part 7 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; an income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 ; state pension credit under the State Pension Credit Act (Northern Ireland) 2002 ; an income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ; universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 ; ... 5 The reference in paragraph (2)(b) ...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 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 Department 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 Department 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 Northern Ireland on a day falling within the qualifying week, becomes ordinarily resident in England and Wales or Scotland 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— “ nursing home ” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 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 (Northern Ireland) 2005 ; “ independent hospital ” has the meaning assigned to it by Article 2 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; “ residential care ” means, disregarding any period of temporary absence, a person residing in— a nursing home; an independent hospital; or accommodation provided under section 3(1) of the Polish Resettlement Act 1947 . Making a Winter Fuel Payment without a claim 5 1 The Department 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 Department to be entitled to a payment under regulation 2. 2 Where a person becomes entitled to state pension credit , universal credit , 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 Department, the Commissioners for His Majesty’s Revenue and Customs , the Social Security Commissioners , or the Appeal Tribunals, the Department 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 Department 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 Department 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 Article 10 (revision of decisions) of the Social Security (Northern Ireland) Order 1998 or the supersession of a decision under Article 11 (decisions superseding earlier decisions) of that Order or the consideration of fresh evidence in connection with the revision or supersession of a decision. Consequential amendment to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 6 1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended as follows. 2 In regulation 4(6A)(a)(ii) (making a claim for benefit) for “regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000” substitute “regulation 4(1)(c) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024” . 3 Omit regulation 35(2) (payment to a partner as alternative payee) . Revocations 7 1 The Regulations and Orders 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. Sealed with the Official Seal of the Department for Communities on 9th September 2024. (L.S.) David Tarr A senior officer of the Department for Communities