Pension Age Winter Heating Payment: Letter To The Social Justice And Social Security Committee

Pension Age Winter Heating Payment: Letter To The Social Justice And Social Security Committee

Cabinet Secretary for Social Justice

Shirley-Anne Somerville MSP

T: 0300 244 4000

E: scottish.ministers@gov.scot

Collette Stevenson MSP
Convenor
Social Justice and Social Security Committee
The Scottish Parliament
EDINBURGH
EH99 1SP

By email to: sjss.committee@parliament.scot

5 June 2025

Dear Collette

I write to inform you that I have shared a revised draft of the draft Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 with the Scottish Commission on Social Security (SCoSS). I intend to lay these regulations and accompanying documents in Parliament on 6 June.

As you will be aware, in November 2024 I committed to introducing a universal payment of £100 to all pensioner households not currently receiving support following the changes to our plans for Pension Age Winter Heating Payment (PAWHP) that took place following the UK Government’s announcement to cut Winter Fuel Payments to those in receipt of benefits last July. These regulations deliver on that commitment and expand the eligibility for Pension Age Winter Heating Payment to provide vital support with heating costs to every pensioner household from next winter onwards (2025/26).

Under these regulations, from winter 2025/26, all households containing individuals of pension age who are not in receipt of relevant benefits will receive £100 of winter heating assistance. Those in receipt of a relevant low-income benefit who are aged under 80 will receive £203.40, while those aged 80 or over in receipt of a relevant benefit will receive £305.10.

In line with the current PAWHP regulations, an individual will be eligible for one of those higher rate of payment if, during the qualifying week, they are of state pension age and are receiving one of the following benefits:

• Pension Credit
• Income-based Jobseeker’s Allowance (JSA)
• Income-related Employment and Support Allowance (ESA)
• Income Support
• Universal Credit

All other pensioner households not in receipt of relevant benefits will receive a payment of £100. Where an eligible individual does not live with another eligible individual, they will receive £100, and where there are two or more eligible individuals living together, they will receive £50 each.

The introduction of universal eligibility to PAWHP will ensure that vital support is provided to all pensioner households, recognising older people are particularly vulnerable to the effects of cold weather during the winter months, and are more likely to be on fixed incomes. This support will provide a contribution towards heating costs alongside other support that is available, including our Winter Heating Payment which, in contrast to the UK Government’s Cold Weather Payment, guarantees a reliable annual payment to people on low incomes, including those pensioners in receipt of Pension Credit each winter. This is in addition to a wider range of initiatives to mitigate fuel poverty, such as our energy efficiency delivery programmes – Warmer Homes Scotland and Area Based Schemes – as well as our Islands Cost Crisis Emergency Fund which helps island authorities support their island communities through cost-of-living pressures.

The higher payment value for those in receipt of relevant benefits will ensure that those pensioners most in need of support will continue to receive a higher rate of payment, protecting their incomes. A universal approach will also ensure that the many pensioners who do not take up their Pension Credit entitlement, as well as those who are above the threshold for Pension Credit who also require support, will receive a contribution towards their heating bills each winter.

Communications Plan

I recognise the importance of clear communications, particularly given the significant changes that have taken place since last July, and can confirm Social Security Scotland are developing a detailed communications and engagement plan. This will raise awareness that Pension Age Winter Heating Payment is changing, that it will be delivered by Social Security Scotland going forward and provide reassurance that the majority of clients do not need to do anything and they will be paid automatically.

As the qualifying week and timing of usual correspondence from DWP takes place before the regulations come into force, proactive communication and engagement activity will start in September, to ensure that clients and external organisations are aware of the changes in Scotland before payments start. All messaging will be clear that the introduction of Pension Age Winter Heating Payment is still subject to Parliamentary approval.

Communications will be issued towards the end of the period where Social Security Scotland have completed the processing of client data and issued payments automatically. Social Security Scotland will highlight the date that the majority of payments are expected to be made by and encourage people to get in touch if they have not received the payment, but think they are eligible.

SCoSS Scrutiny

The draft regulations were issued to SCoSS for scrutiny on 6 March for a shortened 4 week period of scrutiny. SCoSS issued their report on Thursday 3 April. Following the initial referral of these regulations for scrutiny my officials identified the need to include three updated provisions within the regulations, concerning the ‘opt-out’ and ‘opt-in’ mechanism, an aspect relating to residency, and backdated payment awards, as well as recommending the removal of a provision concerning applications. My officials have shared these additional draft provisions with SCoSS on an informal basis, and they have considered them in that context. However, I am aware that SCoSS has not yet had the opportunity to provide a formal scrutiny report on these particular provisions.

Unfortunately, due to the tight timescales required to ensure delivery of Pension Age Winter Heating Payment within the current legislative and operational timetable, it has not been possible to give SCoSS the time needed to formally review the revised regulations and provide a scrutiny report on these additional provisions before they are laid in Parliament. Nevertheless, before the parliamentary process begins, I have provided SCoSS with a copy of the updated Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 and have asked that they carry out a period of scrutiny as they see fit. I have asked my officials to work closely with the Commission on any recommendations they wish to submit after the regulations have been laid.

An overview of the changes made to these regulations since initial SCoSS scrutiny is provided in Annex C. I also provide a copy of the draft Amendment Regulations in Annex A, alongside the Scottish Government’s response to the recommendations and observation from SCoSS’s scrutiny report in Annex B.

I am grateful to SCoSS members for the helpful and constructive way in which they have engaged with my officials, within a shortened scrutiny period, helping to ensure these regulations, and the support that this payment will provide, will be in place for the winter period ahead.

I hope the Committee will find this letter useful as you start scrutiny of these important regulations and I look forward to appearing before Committee to give evidence on the amendment regulations in due course.

Shirley-Anne Somerville