Cold Weather Payments Question

[Illy]

My question relates to ‘Cold Weather Payments.’

Good evening and hello to CAG members...

 

I am 42 years old and I am currently on sick at the moment, I am being managed under the Employment and Support Allowance. I also receive DLA lower rate care component from the Government, as well as a monthly work injury pension of about £500.00 from Germany.

I take in my proof of income to my local council every month, and I receive help with my Housing Benefit and Council Tax Benefit from the council, they leave me with the minimum income the law says I can live on.

If the law says a person living on the minimum income should receive Cold Weather Payments when triggered, why do I not qualify for this help? I feel quite discriminated, because I have to receive these payments from Germany by law. The JobCenter and A4E advised me to go on sick.

It sees that a person receiving payments under JSA or ESA receives Cold Weather Payments when it is triggered, this means that they are better able to heat their homes even though I am living on the same minimum income the law says I can live on.

Can anyone advise me if I am able to get these payments.

Illy

[MARTIN3030]

Welcome to the site.

Not everyone on JSA get these-theres other criteria too.

[MARTIN3030]

Who can get Cold Weather Payments?

 

If you are in receipt of Pension Credit, Income Support, Income-based Jobseeker's Allowance or Income-related Employment and Support Allowance (ESA), you may also be able to get Cold Weather Payments.

Pension Credit

 

If you are in receipt of Pension Credit, you will usually receive Cold Weather Payments.

Income Support and Income-based Jobseeker's Allowance

 

If you are in receipt of Income Support or Income-based Jobseeker's Allowance, you will usually receive Cold Weather Payment if you also have any of following:

 

• a disability or pensioner premium
  
• a child who is disabled
  
• Child Tax Credit that includes a disability or severe disability element
  
• a child under five living with you
  

Income-related Employment and Support Allowance (ESA)

 

If you are in receipt of Income-related ESA, you will usually receive Cold Weather Payments if you also have any of the following:

 

• the support or work-related component of ESA
  
• a severe or enhanced disability premium
  
• a pensioner premium
  
• a child who is disabled
  
• Child Tax Credit that includes a disability or severe disability element
  
• a child under five living with you
  

[Illy]

Thank you for your help.

 

Before my injury pension payments came through I got this Cold Weather Payments help. I was told that the payments are there to help people on low income heat their homes in times of extreme cold.

I do not have any more money to live on now then when I got JSA ir ESA (then Incapacity Benefit), I even get help with dental and prescription charges.

 

Is there anyone I can complain to, this is clear discrimination which has come about because someone forgot about people in my situation.

[MARTIN3030]

I will ask one of my team collegues to pop in here and advise further.

[MARTIN3030]

I think perhaps an idea to write to them and ask for a written response to explain why you are no longer getting this.Dealing on the phone is no good.

Alternatively is there any welfare rights advice centres in your area ?

[ErikaPNP]

Hello, Illy.

 

From what you have posted, it appears that you are not receiving any payments from ESA, but may be receiving ESA credits only.

 

If this is the case, you are not entitled to the CWP because you are not receiving one of the specified benefits which the law requires you to be in receipt of in order to satisfy the criteria for a CWP.

 

As the eligibility criteria is set by law, a complaint would only result in you recieving a response telling you that you are not entitled in accordance with the law. The only person who could take this forward for you would be your Member of Parliament. He can make representations in parliament.

[Illy]

I would like to thank everyone for their input.

 

You are correct, I do not get ESA payments because of the injury pension payments from Germany, I get NI credits.

 

I think it is worth writing to my local Member of Parliament, I am sure that I am not the only person in this situation, on the lowest income but self financing up to a limit through no fault of their own.

 

Illy