Winter fuel payments (WFP)- backdated claims refused9 Replies
I have posted this topic on my local Anglo-info forum, as part of an on-going thread and it has generated some interest. I noted members here were interested in WFP at the latter half of last year and may be able to shed some light on my dilemma.
Following the judgment by the Court of Justice of the European Union (CJEU), which held that EU law prevented Member States from ‘ ..making an award of ... benefit (to be) subject to a condition of ordinary residence in that state...’, I have successfully claimed my WFP for this year.
I also submitted the ‘Claim form for Winter Fuel Payment for past winters’ from the DWP web-site. (The form that was published in October last year, not the current one, which excludes periods 2000/2001 to 2011)
This claim has been rejected on the grounds of lateness. I have tried to understand the rationale.
The correspondence has gone as follows:
Me: Can I apply for a backdated award?
DWP: Certainly, fill in the form.
Me: There you are, all correct now that the rules have changed. Can I have my money please.
DWP: No, very sorry, but you are late in applying, you needed to apply as long ago as 2008.
Me: But you told me I couldn’t apply then, ‘cos I wasn’t living in theUKat the time.
DWP: That’s right.
Me: But now you’ve been told by a higher authority that you were wrong to not let me apply.
DWP: Yes, you’re right.
Me: So, because you were wrong, you have now given me the right to apply and given me a form to fill-in.
DWP Yes, right again.
Me: Good, you’ve got the form - and agree I meet all the conditions?
DWP: What can I say?, you’re right again.
Me: Great, can you send me the money then.
DWP: No, sorry, the rules still say that you had to apply as long ago as 2008: You’re late. Being late = No money. Goodbye.
I have the feeling that Sir Humphrey is alive and well and moderating the DWP.
Can anyone explain the bureaucratic logic for me?
(I hope it isn't bad etiquette to Forum-hop?)