Winter Fuel Allowance

a letter from Anita Rieu-Sicart

Like many other UK pensioners I have elected to live elsewhere in the European Union. However, because I do not receive my pension at a UK address, the DSS appears to have decreed that I, and other UK pensioners like myself, should not receive the WINTER FUEL ALLOWANCE. The Winter Fuel Allowance is usually £100 per household.

The reason the DSS give for not granting this 'cash bonus' is ludicrous in the extreme, to wit: "Winter Fuel Payments are aimed at the elderly who live in Great Britain to ensure they are able to turn up their heating when it is cold. Great Britain has a variable winter climate. This means that we may get short spells of very cold weather rather than long ones. Therefore, weather conditions may change rapidly over a few days. It is also the case the Excess Winter Mortality rates are higher in Great Britain than most other European countries. The recent judgement did not refer to persons living overseas."

The Winter Fuel Allowance paid to UK State Pensioners would seem to be considered an "old-age cash benefit" according to EU Regulation (EC) 1408/71. The payment is made to UK State Pensioners without verification that it is spent on fuel, and in fact the word 'fuel' has now been dropped by the Prime Minister in Parliament (Hansard). There is no 'means test' levied to see if one qualifies for this supplement. However, I and many other pensioners like myself, who have deliberately moved to an area in the EU with a lower cost of living, knowing full well that our UK State Pension will not be sufficient, are penalised and do not receive this supplement.

This would appear to deliberately contravene European Community Regulations "Your Social Security Rights when Moving within the European Union" (*available from the EU website, see address list as to how to access it), to which the UK was a signatory.

There can be no logical defence on the grounds that the winter is not sufficiently cold in this region, as I can very easily supply figures on average winter temperatures here in the Var and elsewhere, far in excess of those normally found in the UK - i.e. an average night temperature throughout January and February of -5 to -10C. And I am sure the same is true and more so in other regions of Europe.

Apparently although Prime Minister Tony Blair is adamant at not creating a "Two Tier Europe", he is only too happy to create "two tier pensioners"!

According to figures I received from the DSS several years ago, and on which I have requested an up-date, there are at least 230,935 UK nationals receiving their UK pensions via direct debit, like myself, in the European Union, 16,000 of them in France, all of whom presumably also are unjustifiably being denied this cash supplement.

We may constitute very small beer in voting terms, but most of these pensioners have proxy votes and use them. Whereas the youth of the nation are apathetic and disenchanted to the point of not bothering to vote, the pension generation do and, being parents and grandparents, influence the vote nationally. They are the "opinion moulders" beloved by advertising agencies, government departments and poll takers in general. A body that should not be lightly dismissed.

In this connection it is interesting to point out that the recent American election hung on a few hundred overseas votes. Whereas expatriates could have felt themselves to be isolated, with little ability to sway decisions or without access to decision makers, now thousands of expatriates are linked by computer, internet and email. I edit a monthly English language newsletter called the VAR VILLAGE VOICE, which circulates in this region to several hundred subscribers.

Having seen how many of my readers have over the past year-and-a-half bought computers, and are now happily surfing the web, I can readily testify to the above. Their overseas votes could just possibly swing a marginal constituency!

I have written concerning this matter directly to the DSS Newcastle as an individual, to my MP, the main political parties, Pension Organisations and am raising the matter with the Social Affairs Directorate of the European Union. I am writing this letter to Expatriate websites all over Europe, urging their readers to do the same. Perhaps a cumulative complaint from all over the European Union might get a better response.

Yours sincerely,

Mrs. Anita Rieu-Sicart

Subsequent letter below:

I have finally received an official response from the Secretary of State's Office concerning the Winter Fuel Allowance. I have also had an official response from the Minister of State, Jeff Rooker.

What is particularly interesting is that finally, after all the flannel and deliberate dissimulation that has been wrapped round the issue in previous responses, Mr. Rooker's is the only one that actually admits in essence that the Winter Fuel Allowance was deliberately planned to fit the applicable EU legislation and loopholes in such legislation, so that this allowance need not be paid to those not living in the UK. The thinking (and Spin) behind such planning obviously being that expatriate voters do not matter to the New Labour party, they assume that all expatriates vote Conservative.

The relevant paragraphs are:

(DSS Office of the Sec. Of State) "The Winter Fuel Payment is not contributory and is not paid for from the National Insurance Fund whereas the State pension is."

(DSS, Minister of State, Jeff Rooker) "As it is not a social security benefit within the categories of risk outlined in Article 4.1 of the European co-ordinating rules (regulation 1408/71), then the question of payment outside the UK under article 10 of the rules does not arise."

I am convinced that it constitutes deliberately unfair and unjust treatment by a Government Department, and as such, I have requested my MP to refer the matter on my behalf to the UK Parliamentary Ombudsman, which is the proper procedure in which such a complaint may be processed.

Official Complaint Form - to UK Parliamentary Ombudsman

SECTION 4 (DETAILS OF A COMPLAINT ABOUT MALADMINISTRATION)
The Department of Social Security

Detail of Complaint:

"Maladministration in the disbursement of the Winter Fuel Allowance only to those resident in the UK, thus discriminating against those UK Pensioners resident in the EU, demonstrating manifest unfairness, bias and prejudice. The above bonus having been quite deliberately designed to fall outside of EU legislation governing cash bonuses and supplements, although at the same time a similar 'cash bonus' in the form of a Christmas bonus is given to those resident in the EU, and outside the UK.

The above bonus intended to (quote) "help with extra winter fuels costs" (vide letter from Jeff Rooker MP, Minister of State, DSS) is not subjected to any 'means' test and is available to those with multiple residences in the UK and elsewhere, but not to those possessing only one residence (outside the UK), and cannot therefore be any way considered a 'hardship' allowance. How is the determination made that only certain pensioners (those living in the UK only) qualify for such an 'EXTRA' BONUS?"

OVERSEAS VOTERS: CHANGES TO LEGISLATION

Legislation came into effect 16th February 2001 which allows UK nationals living overseas to vote by post as well as by proxy. In addition applications to register for postal voting can now be countersigned by any British Citizen. They can also be countersigned by a Consular Official for a fee of £20 sterling or local currency equivalent.

Also now British Citizens resident overseas can apply at any time to register to vote. Previously overseas electors must have been registered on an electoral register for an address in the UK within 20 years prior to their current application. After the next election the qualifying period will be reduced to 15 years.

If you want to do something about the discrimination now being exercised by the DSS in regard to Pensions, complain to your MP, asking him to take the matter to the UK Parliamentary Ombudsman (wording as suggested above), and register to vote immediately in the UK.

Mrs. Anita Rieu-Sicart
Editor VAR VILLAGE VOICE
English Language Monthly Newsletter circulating throughout the Var Dept. of France