Calling Expat Brits in the European Economic Area (EEA)
As you probably know the Winter Fuel Payment is a tax free payment to help older people keep warm during winter. It is provided by the government to those who are eligible.
Who can get it in winter 2012/2013:
If you were born on or before 5 July 1951 you may qualify. It’s not means tested and you can get it if you’re still working or claiming a benefit. In some circumstances you may be able to get it if you live in the European Economic Area (EEA) or Switzerland.
Winter Fuel Payment abroad:
Firstly, you no longer have to have received it in the UK before moving abroad and secondly, if you live abroad, you may be able to receive Winter Fuel Payments if all the following apply:
- you have reached women’s State Pension age
- you live in another European Economic Area (EEA) country or Switzerland
- you have a genuine and sufficient link with the UK, for example, you have lived or worked in the UK for most of your working life
But the clock is ticking and you’ll need to get a move on as the qualifying date to get the most you can is 17th September 2012.
For further information check out the website of the UK government at Directgov or phone 00 44 191 218 7777.
It should be noted that I have been advised by a EU legal advice service that the ECJ ruling on WFA, like 99% of its rulings is retrospective.
The DWP is disputing the retrospective nature of the ECJ judgement and informed me yesterday that they have been advised by their own lawyers that it is not retrospective. That said, (their words) “due to requests for back dating the WFA from ex-pats, we have created a new claims form for back payments”, which is obviously at odds with their stance on the retrospective nature of the court ruling. They are sending me a copy of this claims form to fill in and return although they pointed out they will still NOT pay out back payments as a matter of principle. Their spokesman declined to put their contradictory position in writing or by email, so one should draw your own conclusion as to their refusal to put in print what they verbally stated.
The battle for justice carries on !