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

Applications

13A. An individual who—

(a) has not received a notice of determination pursuant to section 40 of the 2018 Act following a determination without application in accordance with paragraph 11,

(b) is not in receipt of a benefit from the Department for Work and Pensions and has not received winter fuel payment or Pension Age Winter Heating Payment,

(c) has deferred their state pension since last receiving winter fuel payment or Pension Age Winter Heating Payment,

(d) lives in one of the countries set out in the schedule, or

(e) is part of a mixed age couple in receipt of universal credit,

may make an application for Pension Age Winter Heating Payment in accordance with section 38 of the 2018 Act.

Application window

13B.—(1) An individual is only entitled to Pension Age Winter Heating Payment where they have made an application for Pension Age Winter Heating Payment on or before 31 March following the qualifying week in respect of the winter following that week.

(2) The Scottish Ministers may treat an application received after the date mentioned in paragraph (1) as received by that date where they consider that the individual has a good reason for not submitting the application by that date.

(3) Paragraph (1) does not apply where—

(a) regulation 11 (determination of entitlement to Pension Age Winter Heating Payment without receiving an application) applies in respect of the individual,

(b) an individual becomes entitled to state pension credit or universal credit in respect of the qualifying week by virtue of a decision made after that week, or

(c) section 115 of the Immigration and Asylum Act 1999 (exclusions from benefits) ceases to apply to that individual.

10. In regulation 14 (periods in respect of a re-determination request), in paragraph (1) for “31” substitute “42”.

11. Omit Part 8 (expiry).

12. Insert as the schedule to the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024, the schedule set out in the schedule to these Regulations.

Name

A member of the Scottish Government