Draft Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 and policy note

Amendment of the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024

2. The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024(^[2]) are amended in accordance with regulations 3 to 12.

3. In regulation 2 (interpretation), after the definition of “independent hospital” insert—

“mixed age couple” means a couple where one member has reached pensionable age and the other member has not,”.

4. In regulation 5 (eligibility rules)—

(a) for paragraph (a)(ii) substitute—

(ii) either—

(aa) the relevant benefit condition in regulation 7, or

(bb) the no relevant benefit condition in regulation 7A, and,

(b) after paragraph (a)(iii) insert—

(iv) where regulation 11 (determination of entitlement to Pension Age Winter Heating Payment without receiving an application) does not apply in respect of the individual, the application window condition at regulation 13B(1), and”.

5. For regulation 7 (relevant benefit condition) substitute—

Relevant benefit condition

7.—(1) The condition is that the individual is—

(a) entitled to a relevant benefit on a day in the qualifying week, or

(b) able to demonstrate entitlement, in respect of a day in the qualifying week, to a benefit payable in the country in which the person is habitually resident that is equivalent to a relevant benefit, where regulation 8(1)(b) applies.

(2) The reference in paragraph (1) to being entitled to a relevant benefit, or a benefit that is equivalent to a relevant benefit, includes where the person is a member of a couple or polygamous marriage and the other member of that couple or another member of that marriage is entitled to the benefit.

No relevant benefit condition

7A. The condition is that the individual is—

(a) not entitled to a relevant benefit on a day in the qualifying week, or

(b) not able to demonstrate entitlement, in respect of a day in the qualifying week, to a benefit payable in the country in which the person is habitually resident that is equivalent to a relevant benefit, where regulation 8(b) applies.

6. For regulation 8 (residence condition) substitute—

Residence condition

8.—(1) The condition is that, in respect of any day falling within the qualifying week—

(a) the individual is ordinarily resident in Scotland, or

(b) the individual—

(i) is habitually resident in one of the countries listed in the schedule,

(ii) is covered by—

(aa) Title III of Part 2 of the EU withdrawal agreement, as set out at Article 30 of that agreement,

(bb) 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 1 February 2019 (as modified from time to time in accordance with any provision of it) as set out in Article 2 of that Convention,

(cc) Part Three of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(1) (“the 2020 Act”) as set out at Article 25 of that agreement, or

(dd) Title III of Part 2 of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), as set out at Article 29 of that agreement,

(iii) is an individual in respect of whom the United Kingdom is, as a result, competent for payment of old-age benefits, and

(iv) has a genuine and sufficient link to Scotland.

(2) Where an individual—

(a) was ordinarily resident in Scotland, and

(b) becomes ordinarily resident outwith Scotland by the last day of the qualifying week,

they are not treated as meeting the condition in regulation 8(1)(a).

7. In regulation 9(1)(c) (individuals not entitled to Pension Age Winter Heating Payment) after “an individual who” insert “is entitled to a relevant benefit who”.

8. For regulation 10 (amount of Pension Age Winter Heating Payment) substitute—