Winter fuel payments

[osdset]

Can a claimant get backdated payments if during the relevant winter the claimant was on assessment rate, then subsequently won on appeal?

According to the Directgov site payments can't be made for late claims for any winters from 2000/01 onwards. My argument is that the automatic payment was not triggered due to claimant status, and that a claim could not be made for the same reason.

[antone]

Just to be clear, are you referring to Cold Weather Payments (triggered by low temperatures and paid to some folks on certain benefits) or Winter Fuel Payments (paid to households where one or more occupants meets certain conditions, most likely being over retirement age)?

[osdset]

Just to be clear, are you referring to Cold Weather Payments (triggered by low temperatures and paid to some folks on certain benefits) or Winter Fuel Payments (paid to households where one or more occupants meets certain conditions, most likely being over retirement age)?

 

The Cold Weather Payments

[della2]

There is legislation currently available that allows that were a benefit was claimed and was turned down then years later a 'passporting' benefit was awarded and backdated to when the refused claim was made, that original refused claim would be 'reopened' and revised in the light of the new award.

 

As an example:A single person made a Pension Credit claim on the 1/1/2000 but it was refused on the basis that the total household income was greater than the appropriate amount.

 

At the same time an Attendance Allowance claim was made, which was also refused. It was heard by the Tribunal Service and awarded on the 1/6/2001, and backdated to the date of claim (1/1/2000). As the claimant was living on their own and no one claimed Carers Allowance, the Appropriate Amount for Pension Credit was also increased back to the 1/1/2000 (17 months), despite there only being a period of 3 months allowed for backdating of Pension Credit.

 

Similarly, where you become entitled to a benefit that was an automatic benefit, say 2 years later and is backdated to that original time, they should revise the assessment to pay the claim.

Edited September 21, 2012 by della2

[Lilly_Monroe]

What is the criteria for winter fuel payments - is it age.

 

Thanks

[Nystagmite]

Winter fuel is age related.

 

Cold weather is to do with average temperature and being on certain benefits, including IS / JSA with disability premium, IS (? JSA / ESA) and child under 5 or child receives DLA.

[RaeUK]

Presumably, now that I'm in receipt of the SDA component of ESA, I'll finally qualify for the cold weather payments? If so, I bet we have a mild winter!

[Nystagmite]

Presumably, now that I'm in receipt of the SDA component of ESA, I'll finally qualify for the cold weather payments? If so, I bet we have a mild winter!

 

Yes.

 

Did forget to mention that you have to be in receipt of income based ESA / JSA.