Were you resident in France before 1/1/20?
Cap fits wear it.
By popular demand
Dear Sir/Madam,
Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Thank you for contacting Your Europe Advice.
We refer to our previous advice (YEA 455496).
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We previously advised you that it remains within the discretion of the UK authorities to modify the eligibility conditions for Winter Fuel Allowance (such as imposing a means-test).
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We understand that there is a maximum income condition of £35,000 as confirmed on the UK government website:
Winter Fuel Payment: How much you'll get - GOV.UK
If your taxable income is more than £35,000
HMRC will take back all of your Winter Fuel Payment through either PAYE or your Self Assessment tax return. -
This would not constitute a breach of EU law including EU Regulation 883/2004 on the coordination of social security. Therefore, by extension this would not constitute a breach of the Withdrawal Agreement either.
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We also advised you that a residence condition would appear to be in breach of EU law because it would likely fall foul of Article 7 of Regulation 883/2004, which provides that the payment of an old-age benefit such as Winter Fuel Allowance cannot be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the recipient resides in the territory of a Member State other than that in which the institution responsible for payment is situated.
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As a result, we advised that you should make a claim for Winter Fuel Allowance: Winter Fuel Payment: Check if you need to claim - GOV.UK
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In case this is refused because you reside in France, you need to make a request for mandatory reconsideration (usually within 30 days), as explained here : Challenge a benefit decision (mandatory reconsideration): Eligibility - GOV.UK
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In case this is turned down, you should then appeal as explained further here: Appeal a benefit decision: Overview - GOV.UK
We trust that the above answers your enquiry.
We remain at your disposal should you require further information or advice on EU rights.
To help us improve our services, we would invite you to complete this short online survey.
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
I was indeed.
What exactly are you trying to achieve Poony? Get DWP to accept you don’t have to complete an “I’m still here you bastards” form and get Ian Dunkin’ Doughnuts decision on the winter fuel allowance reversed?
So fairly meaningless in this context! Your Europe is an advisory group that takes no responsibility for the accuracy of its legal advice. What they have replied to you is merely an opinion, and they themselves say that not paying WFA “would appear to be in breach”.
However the missing point is that because IDS changed the basis for the calculation for pensioners resident in France you are not being denied the WFA, as those in France are simply not eligible.
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I really struggle to see what any of that has to do with providing proof of life, perhaps you can highlight which paragraph is relevant.
As far as I can see, once qualified, the only criterion that terminates the payment of the state pension is the death of the recipient, not where they reside.
Indeed.
But it seems that the OP is taking extreme exception to being asked to fill out a form once in a while, and considers that to be a form of discrimination and a breach of the Withdrawal Agreement, simply because pensioners in the UK do not (currently) have to complete said form.
Apologies if I have misconstrued Professor Poons’ original post.
The withholding of the Winter Fuel Allowance seems to be a different “discriminatory” measure that has upset them. While it could plausibly be argued that not paying the Winter Fuel Allowance to overseas pensioners was discriminatory, that ship has long since sailed, and was a change that predated Brexit so is not connected to its treaties. The WFA is now means tested in the UK anyway, being paid only to those on Pension Credit and other means-tested benefits, so its payment or non-payment for many overseas pensioners is academic.
For myself, I think there are probably more important legislative hills to die on. 
I feel more sorry for those overseas pensioners who live in countries that do not have a reciprocal social security agreement with the UK (such as the USA) and whose state pensions are therefore fixed at the level that applied on the date they retired.
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I haven’t received anything from DWP. Should I be worried?
Only if you’re unsure you’re alive.
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This thread remined me of the following news article:
We haven’t either.
Marc and Longpete, I assume the DWP have your current address? Our friend who deals with company pensions says they regularly get calls from people who complain about not receiving correspondence. Most of them haven’t advised that they’ve moved, so correspondence has gone to an old address.
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Poons, I am not sure how much help your French MP can provide but I will watch this space with interest.
They have our current address- we received notice of the latest pension increase by post.
They don’t send the proof of life form every year - only sometimes.
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You do reaklise that by being insulting reduuces any validity of your opinions?
I zm sorry that you find it nessesary to bend your knee to yoour betters but i am threatened with withdrawal of my state pension if i dont comply with the instructions given. I am advised that making a condition of a cash.
Oh what the hell i have got better things to do than to present information to those who cant bebothered.
Sometimes going with the inevitable is easier than fighting it. After all, you elected to come and live in France.
It’s only a piece of paper that needs a countersignature - I’d rather choose my battles.
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Are you all right @Poons ?
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