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Like many others I am waiting for my (first) £200, which I am assured will be paid next month.
In Euroweekly News this week I read that 'Heather' was going to be paid for 2012 plus two addition years.
I have just called DWP and they say the law was changed in UK last year, which why we can claim for last year, but we still cannot claim for previous years when we were qualified by age but by not place of residence (living in UK).
I had understood that it was not the UK legislation which had been changed but the interpretation of the existing law, as directed by the European Court of Justice .
The person to whom I spoke, was unable to point me to where I could read the legislation to which she referred but refused to transfer me to someone who might be able to do so.
I then called another number and I am waiting for a manager to call me back to 'discuss it',
I will report back, if I get a call !!.
Has anyone successfully claimed under the change in legislation for any of the years prior to 2012 ?
This message was last edited by johnzx on 11/01/2013.
This message was last edited by johnzx on 11/01/2013.
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Poppyseed
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Poppy
I am waiting for a DWP manager to email the web site where she says the information is.
I will post it when I get it.
But in a conversation with her, subsequent to my thread opener, she says, the information that one could back claim for two years , 'Was in the public domain' so therefore, they were not obliged to notify anyone affected.
Interestingly. In the web page, you show it says,
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" Who doesn’t need to claim
If you receive State Pension or certain other benefits you will be paid automatically and don’t need to claim."
This message was last edited by johnzx on 11/01/2013.
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The direct.gov websites have changed and are not as useful as they used to be, there seems to be gaps in the information leaving a lot of questions unanswered. Probably been redesigned by some bright young thing on fast track. I seem to remember on the old site there was something about being able to claim for a couple of years back (anyone not just people abroad) but it seems to be missing from this. Be interesting to hear what they say, it doesn't surprise me the person you spoke to didn't know they are basically call centre staff and unless they've been there for years before this became the norm they will have had little training or knowledge to draw upon.
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Poppyseed
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Poppy,
The person I spoke to initially was probably a call centre operator, but I my last post shows my conversation with a DWP Fuel Allowance Manager who called me back (twice now)
I am though still waiting for her email directing me to new legislation to which she referred.
Maybe she too is having a problem finding it !!!
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The only reason that those of us who live in the continental EU can claim WFA is because the EU declared that the UK was illegally withholding the benefit from those entitled to it. I have read recently that the current excuse of a government in UK is looking at ways to withdraw WFA from non-residents. I cannot follow how this can be done without becoming illegal again!
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Mac
I cannot follow how this can be done without becoming illegal again!
They could do it very simply and legally in several ways, including withdrawing the allowance from everyone or making it a means-tested allowance. I have no doubt we will not be able to claim it again.
It was only invented to get votes. That was why they made it payable at 60 rather than at pension age, so as to include civil servants etc., who retired at 60.
It was the European Court of Justice who said the UK’s interpretation of the law was incorrect, and thus we living in Europe were eligible. I would argue that would mean in Law that we were eligible from the time the initial laws was passed.
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It was brought in at 60 so men were not discriminated against (nothing to do with civil servants retiring believe it or not!) as women could receive it when they retired at 60. Currently men can claim it if they are under 65 when they reach the same age that women can receive the state pension which is gradually increasing until the ages are the same. So not everyone can now claim it at 60, I will be able to claim it when I am 62 years and 10 months old (although as my birthday is Feb I'll be nearer 63) and men born at the same time will be able to claim in then too.
They could limit it to those in receipt in pension credit who have to be UK resident or I heard some talk about 'average temperatures', God knows how they would administer that. It would be much simpler if they gave everyone (not just furture pensioners) a decent state pension and so negate the need for these 'extras' like WFA, TV license, bus passes etc.
Johnzx, trust me the WFA manager will probably know less about it than the call centre operator you first spoke to, they are call centre managers which really just means monitoring and managing the flow of calls and staffing issues, it doesn't mean they know anything about the subject. Not good but thats the way it has been for some years now in DWP generally.
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Poppyseed
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Poppy,
Ok, I read a 'biased article' which spoke about the reason for making it available for 60 years olds, but nevertheless it was introduced by Labour shortly before a general election and I guess it did not lose them many votes !.
trust me the WFA manager will probably know less about it than the call centre operator you first spoke to, they are call centre managers which really just means monitoring and managing the flow of calls and staffing issues, it doesn't mean they know anything about the subject. Not good but thats the way it has been for some years now in DWP generally.
Well the manager certainly knew more about it than the first person I spoke to. And from the demeanour of the person I spoke to when I ask firstly for a manager, and on the second occasion the manger by name, I got the impression she was UK Government Staff. Not call centre.
As I said when I get a reply I will post it.
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'I got the impression she was UK Government Staff. Not call centre.'
DWP call centres although they prefer to refer to them a contact centres are government staff, I think they once opened one with contract staff for some crisis can't remember what but it was a one off. However I did read that G4S are hoping to run some of them in the future, with their track record that sounds like a good idea.
Be interesting to see how long it takes to get a response.
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Poppyseed
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Poppy,
I think you are a bit too sceptical.
This an mail I received from DWP, last week. It arrived a few minutes after they promised to send me a claim form , which was attached.
It does not appear to me , to have been generated by a Call Centre and I able to reply direc tly to the sender.
Sent: Wednesday, January 02, 2013 11:08 AM
Subject: Winter Fuel form
As discussed,
Yours sincerely, <>
Mr xxxxx J. xxxxx | AO | DWP Department for Work and Pensions | International Pension Centre | Section EU 03 | Room TC201 | Tyneview Park | Newcastle upon Tyne | NE98 1BA | Tel: 0191 21 872xx (direct line) | www.dwp.gov.uk
Please consider the environment before printing
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Poppy,
the reply has just arrived, albeit that is it not too helpful.
But the 'call cenrte' came up trumps !!!!!
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Mr J xxxxxxx
C/xxxxx
xxxxxxx
Spain
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Our phone number
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(0191) 21 87777
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Our fax number
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(0191) 21
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Textphone users
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(0191) 21 87280
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International code
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(+44 191)
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Opening hours
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8am to 6pm
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e-mail
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tvp.internationalqueries@ thepensionservice.gsi.gov.uk
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Website
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www.thepensionservice.gov.uk
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Date
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11 January 2013
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Dear xxxxxx
About your Winter Fuel Payment claim
Thank you for your enquiry about claiming a Winter Fuel Payment for years 2000/2001 to 2011/2012.
Please find enclosed a claim form for you to complete and return to us in the envelope provided. However, please note that, from winter 2000/2001 time limits for claiming Winter Fuel Payments were introduced. The time limit is set out in legislation. For winters 2000/2001 to 2011/2012 claims needed to be received by Department for Work and Pensions by the March following the winter being claimed for. If you do not satisfy this condition your claim will be turned down.
Yours
Neil Simpson
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When I applied for WFP, I asked about back years and the chap said that it could only be claimed for winters 1998/9, if you were eligible at the time, and laughed at the possibility that claims could be made between 2000-12.
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So it can't be claimed retrospectively as the link I posted implied.
My scepticism comes from 30 years service with DWP and experiencing it all from the inside.
Glad this question is now resolved, thanks for posting.
This message was last edited by Poppyseed on 11/01/2013.
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Poppyseed
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There was a letter in Euro Weekly News yesterday from ‘Heather’ who says she is going to be paid for two back years.
I have contacted EWN and asked for the details.
I will post any useful info.
This message was last edited by johnzx on 11/01/2013.
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Ahh. All this explains why they are on again about stopping the payments altogether except in exceptional circs. It will certainly be means tested very quickly after the next general election whoever gets in. Not being eligible myself I had not really followed this.
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Despite the various pessimistic posts that the DWP will not reply etc. they did send me an email with the required form for claiming for previous years attached. Late claims are possible they say
I will be trying to claim for the back years. 2001 to 2010, although I am not holding my breath.
Anyone who would like me to email them the form, if they send me their email address in a private message I will be pleased to do so.
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I did a search using the ref info on the form (WFP2(EEA) 10/12) and found it can be downloaded from here:-
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@over50/documents/digitalasset/dg_202418.pdf
This message was last edited by johnzx on 16/01/2013.
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Despite the various pessimistic posts that the DWP will not reply ...............................................
Who said they wouldn't reply?
Is this a new reply you've had or are you referring to the one you received on 11 Jan? Did they attach a WP2 form as your link below wont copy and paste and the only forms available on the website are the ones that could be found via the link I posted on 11 Jan and GOV.UK website https://www.gov.uk/winter-fuel-payment/how-to-claim , ie WFP1 for claims from 1997/1999 and WFP2 for 2012/2013, perhaps this WP2 is only issued if especially requested?????
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Poppyseed
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