Publication - Correspondence
Pension Age Winter Heating Payment: Letter To The Social Justice And Social Security Committee
A letter from Shirley-Anne Somerville, Cabinet Secretary for Social Justice to Collette Stevenson MSP, the Convenor of the Social Justice and Social Security Committee in relation to the Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025
Annex C - Draft Regulation Amendments
| Regulation in SCoSS Scrutiny proposals | How the regulations differ from the proposals |
|---|---|
| Regulation 3 amending regulation 2 of the principal Regulations (interpretation) | This provision to add a definition of “mixed age couple” was removed as not needed |
| Regulation 4 amending regulation 5 of the principal Regulations (eligibility rules) | This provision is now numbered regulation 3 and the references to the relevant benefit condition and the no relevant benefit condition have been removed |
| Regulation 5 substituting regulation 7 of the principal Regulations (relevant benefit condition) | This provision is now numbered regulation 4 which omits regulation 7 of the principal Regulations (relevant benefit condition) |
| Regulation 6 substituting regulation 8 of the principal Regulations (residence condition) | This provision is now numbered regulation 5. The regulation clarifies that the residence condition of being ordinarily resident in Scotland and not being a person subject to immigration control needs to be met on one day in the qualifying week. New provisions were added to clarify that an individual is not treated as meeting the condition of being habitually resident in one of the countries listed in the schedule if this is not met by the last day of the qualifying week and an individual is not treated as being not a person subject to immigration control when they are subject to immigration control on the last day of the qualifying week. |
| Regulation 7 amending regulation 9 of the principal Regulations (exclusions) | This provision is still numbered regulation 7. A new exclusion provision has been added where an individual was entitled to PAWHP payable at the rate for an individual who is not entitled to a relevant benefit and their partner becomes entitled to a relevant benefit in respect of the qualifying week as a result of a backdated decision in respect of the relevant benefit. |
| Regulation 8 inserts new regulations 9A and 9B which permit individuals to opt out of receiving payment of PAWHP and permit individuals to opt in to receive payment of PAWHP if they have previously opted out. | |
| Regulation 8 substituting regulation 10 of the principal Regulations (amount of PAWHP) | This provision is now numbered regulation 9 and includes new provisions defining what is meant by equivalent benefits for individuals who are habitually resident in one of the countries in the schedule and how the provision applies to members of couples and polygamous marriages |
| Regulation 10 inserts new regulation 11A which provides for a determination without application where an individual has been awarded PAWHP at the rate for an individual who is not entitled to a relevant benefit but later is awarded a relevant benefit in respect of the qualifying week as a result of a backdated decision. A determination made under this provision then allows for the payment of PAWHP to offset any payment already made in respect of that qualifying week. | |
| Regulation 11 inserts new regulation 13A which provides for a determination without application when an individual wishes to opt in to payment of PAWHP where they had previously opted out | |
| Regulation 9 inserting new Part 5 re applications | This provision is now numbered regulation 6. |
| Regulation 10 amending regulation 14 of the principal Regulations (periods for re-determinations) | This provision is now numbered regulation 12 |
| Regulation 11 omitting part 8 of the principal Regulations (expiry) | This provision is now numbered regulation 13 |
| Regulation 12 inserting schedule (countries) | This provision is now numbered regulation 14 |
| Regulation 15 makes a saving provision to save the principal Regulations as they were before these Regulations amended them in respect of any determination made in respect of the qualifying week in 2024 and any requests for re-determinations relative to that qualifying week |