Date Legislation considered: 13 November 2024
Date Legislation in force: 20 November 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Article 30 of Title III of Withdrawal Agreement, Article 29 of Title III of EEA EFTA Separation Agreement. The above covers social security coordination
What does the legislation do?
These regulations introduce changes to Pension Age Winter Heating Payment (PAWHP) in Scotland. The regulations introduce a requirement that PAWHPs are made to a pensioner in households in Scotland which are in receipt of qualifying income-related benefit or tax credit.
The regulations also provide for social security coordination for those living in certain EEA countries and Switzerland as set out in Title III of the Withdrawal Agreement and EEA EFTA Separation Agreement.
The regulations provide for payment of PAWHP to people who have reached State Pension age by the end of the qualifying week, are habitually resident in a country listed in the Schedule to these regulations (listed are eligible EEA countries and Switzerland), are in receipt of a benefit equivalent to Pension Credit or another qualifying benefit or tax credit and are able to show a genuine and sufficient link to the Scotland.
The Schedule does not list all the EEA countries, and this follows previous domestic practice which excludes, from the winter fuel payment scheme, those living countries with an average winter temperature higher than the warmest region in the UK.
Comments
While the IMA raises no issues of concern at this stage about the substance of the provision referred to above, it notes that it expires on 1 April 2025. The IMA has therefore made enquires with the Scottish Government about the reasons for that and its intentions following that date.
Any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the website.