Winter Fuel Payments

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There has been much in the press concerning Winter Fuel Payments. The Department of Works and Pensions, if you phone them, will tell you you are not entitled. This information is apparently not correct.
When you apply for the WFP, firstly do it in writing. It will take longer, but it is essential. Expect it to be turned down.
However, qualifying persons resident in Spain making a written claim for the current winter 2015/2016 must do so before March 31, 2016. The reason for this is that (a) the benefit at issue is awarded for each winter on a separate basis, and (b) time limits for making such claims as the benefit at issue does comply with Community law.
The current temperature criteria does not comply with the fundamental principle of proportionality.
In response to your claims, you will be wrongly advised by the DWP that you are not entitled to receive it. However, it is your lawful right to ask to go to formal appeal to the 1st Tier of HM Courts and Tribunal Service. Therefore you must insist on this course of action.
Do not deal with the DWP on the telephone and send your claims, plus any other correspondence, by certified mail.
To download the necessary claim forms go to: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452239/wfp3eea-jun-15.pdf
This problem is currently being examined by the EU Commission. In a statement from the Commission they state that the Commission Services are currently analysing the UK legislation in light of the EU law, and in particular with regard to Regulation EU 2004/883 on the coordination of social security systems.

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