Appealing - Cost of Living payment

cricketfanatic

Hi,
My brother receives Full State Pension (so no Pension Credit) and Housing Benefit. Although HB is means tested, because this is the only means tested benefit he receives, he won't automatically get the two Cost of Living payments.  Had he not paid full NI contributions over his working life, he would have got Pension Credit and be entitled to the CoL payments.  
Does anyone know if he can appeal this please? I know there is a process, but I understand that's just for people who meet the criteria and haven't been allocated the payment automatically through the computer systems.
He is in the same financial position as someone who has their pension topped up by Pension Credit, so it seems unfair that he won't get the CoL payment which he really needs.
Any advice on what I can do to try to get this for him would be appreciated

poppy12345

There's nothing to appeal because it's the criteria that you need to be claiming a qualifying means tested benefit. He hasn't missed out on anything because he'll still be entitled to the £300 extra on top of the Winter fuel payment, as well as the £400 energy grant if he's named on the energy account.

Unfortunately, there will always be some people that miss out, they can't please everyone. https://www.gov.uk/guidance/cost-of-living-payment

There's people claiming Universal Credit and had a nil payment during the qualifying period that will also miss out on the first payment.

peteuk

Don’t forget he may be entitled to the £150 council tax credit (Paid April) the £400 energy credit (if he pays electric) and the cold weather payment in the winter. 

OhWow

cricketfanatic said:

He is in the same financial position as someone who has their pension topped up by Pension Credit, so it seems unfair that he won't get the CoL payment which he really needs.

He is likely in a worse position that somebody on Pension Credit as Pension Credit gives access to other welfare payments.eg. all the rent paid, no council tax to pay etc.

The more I read about this,the more I reaslise that this has been very badly thought out by Sunak(?) -

Workers, who have been paying all their working taxes to the UK for at least 35 years to get a full state pension (and therefore no Pension Credit money and freebies), are not getting the £650, even though they are on Housing Benefit, are not getting all their rent paid and have to pay some council tax. While those who have not contributed/ not contributed much, are given Pension Credit, are given an extra £650, as well as getting all their rent paid and no council tax to pay and are also given money to make their income up to a UK state pension.

Those on Universal Credit (for people of working age) or Tax Credits, are getting the £650, even though they would find it easier to find a job/more hours, than a pensioner. But a pensioner on the full state pension but on Housing Benefit, who is haiving to use that state pension money to pay towards some of their rent and couniclt tax, is not given the £650.

calcotti

OhWow said:.

The more I read about this,the more I reaslise that this has been very badly thought out by Sunak(?) I agree that it is unfair that people who have been paying all their working taxes to the UK for at least 35 years to get a full state pension (and therefor no pension credit), are not getting the £650, while those who have not, are given the £650. 

The big divide will be between those who have reached pension age since 2016. People on the old State Pension at the flat rate get Pension Credit because OSP is worth less than PC. People on the NSP at the flat rate do not get PC because OSP was set at a level to remove entitlement to PC and thereby reduce the need for means testing.

The CoL rules do introduce unfairness but nonetheless it is difficult to see how this can be avoided. Mean tested benefits themselves result in unfairness for those on marginal thresholds. CoL has been made very simple in order to make it quick to set up. It would not be practical to examine the circumstances of everybody and introduce a completely new means testing basis for CoL payments which would then require people to apply etc. That would take time and there’s isn’t the capacity to do it.

pmlindyloo

poppy12345 said:

There's nothing to appeal because it's the criteria that you need to be claiming a qualifying means tested benefit. He hasn't missed out on anything because he'll still be entitled to the £300 extra on top of the Winter fuel payment, as well as the £400 energy grant if he's named on the energy account.

Unfortunately, there will always be some people that miss out, they can't please everyone. https://www.gov.uk/guidance/cost-of-living-payment

There's people claiming Universal Credit and had a nil payment during the qualifying period that will also miss out on the first payment.

And don't forget that the government has also given local councils money to support those who are struggling financially.

Your brother can apply to his local council for help.

Read this:

Household Support Fund (1 April 2022 to 30 September 2022): final guidance for county councils and unitary authorities in England - GOV.UK (www.gov.uk)

OhWow

And lets not forget too that some of these female pensioners on a full state pension and on Housing Benefit now, were from a time when men had to be paid more for doing that same job, which meant these women have ended up with lower private pensions than a man doing the same job gets. It was also very hard back then for a single woman to get a mortgage. No chances to be able to keep your job and get childcare paid for, if they had children.

Yet these female workers, who are still having to suffer the blatent gender bias through a lower private pension and are on Housing Benefit, can't have the £650 because they worked and contributed their taxes to the UK, or stayed at home for a few years for their children.

poppy12345

pmlindyloo said:

poppy12345 said:

There's nothing to appeal because it's the criteria that you need to be claiming a qualifying means tested benefit. He hasn't missed out on anything because he'll still be entitled to the £300 extra on top of the Winter fuel payment, as well as the £400 energy grant if he's named on the energy account.

Unfortunately, there will always be some people that miss out, they can't please everyone. https://www.gov.uk/guidance/cost-of-living-payment

There's people claiming Universal Credit and had a nil payment during the qualifying period that will also miss out on the first payment.

And don't forget that the government has also given local councils money to support those who are struggling financially.

Your brother can apply to his local council for help.

Read this:

Household Support Fund (1 April 2022 to 30 September 2022): final guidance for county councils and unitary authorities in England - GOV.UK (www.gov.uk)

Thanks, i'd forgotten about that. My LA gave everyone who was entitled to the £150 and extra £20. They also gave those in band E-H £150 if they are claiming CTR.

OhWow

calcotti said:

calcotti said:

OhWow said:.

The more I read about this,the more I reaslise that this has been very badly thought out by Sunak(?) I agree that it is unfair that people who have been paying all their working taxes to the UK for at least 35 years to get a full state pension (and therefor no pension credit), are not getting the £650, while those who have not, are given the £650. 

The big divide will be between those who have reached pension age since 2016. People on the old State Pension at the flat rate get Pension Credit because OSP is worth less than PC. People on the NSP at the flat rate do not get PC because OSP was set at a level to remove entitlement to PC and thereby reduce the need for means testing.

The CoL rules do introduce unfairness but nonetheless it is difficult to see how this can be avoided. Mean tested benefits themselves result in unfairness for those on marginal thresholds. CoL has been made very simple in order to make it quick to set up. It would not be practical to examine the circumstances of everybody and introduce a completely new means testing basis for CoL payments which would then require people to apply etc. That would take time and there’s isn’t the capacity to do it.

The big divide will be between those who have reached pension age since 2016. People on the old State Pension at the flat rate get Pension Credit because OSP is worth less than PC. People on the NSP at the flat rate do not get PC because OSP was set at a level to remove entitlement to PC and thereby reduce the need for means testing.

The CoL rules do introduce unfairness but nonetheless it is difficult to see how this can be avoided. Mean tested benefits themselves result in unfairness for those on marginal thresholds. CoL has been made very simple in order to make it quick to set up. It would not be practical to examine the circumstances of everybody and introduce a completely new means testing basis for CoL payments which would then require people to apply etc. That would take time and there’s isn’t the capacity to do it.

It would be very easy for HMRC to do a data run, to give the names of:those on a UK state pension, who are:-

those of an cetain age (say 75 and over) AND who have at least 35 NIC qualifying years (*with X plus years as NIC contributions rather than NIC credits), to give these people £650.

It's the elderly who have contributed to the country for decades and who now live on a fixed income, that we should be helping with the high cost of living we have suddenly got. It's likely it will be harder for this group to increase their income by working.

* The sick/disabled already get money given extra money and additional money given through this scheme. Those Brits working abroad/who worked in another country, who could buy low cost NICs to get a UK state pension as well as a pension from the country they are/were working in, should be excluded.

calcotti

OhWow said:

It would be very easy for HMRC to do a data run, to give the names of:those on a UK state pension, who are:-

those of an cetain age (say 75 and over) AND who have at least 35 NIC qualifying years (*with X plus years as NIC contributions rather than NIC credits), to give these people £650.  

But that would draw no distinction between those who have additional income or savings and those reliant on the SP only.

molerat

OhWow said:

It would be very easy for HMRC to do a data run, to give the names of:those on a UK state pension, who are:-

those of an cetain age (say 75 and over) AND who have at least 35 NIC qualifying years (*with X plus years as NIC contributions rather than NIC credits), to give these people £650.

It's the elderly who have contributed to the country for decades and who now live on a fixed income, that we should be helping with the high cost of living we have suddenly got. It's likely it will be harder for this group to increase their income by working.

* The sick/disabled already get money given extra money and additional money given through this scheme. Those Brits working abroad/who worked in another country, who could buy low cost NICs to get a UK state pension as well as a pension from the country they are/were working in, should be excluded.

If they had a computer system that was actually set up to pick out all those parameters maybe they could and then you went on to add even  more parameters. You also mentioned women that stayed at home with the children should be receiving it but then excluded them with the NI credits parameter.  Can you now see how unworkable it would be.  But this payment is not targetted at those parameters, it is targeted at those that were considered "in need" and made as quick and simple as possible to set up.  It is the whole benefits system that is in need of overhauling, especially with the gateway benefits, but that ain't gonna happen. The only government that is likely to get elected is one that promises to give more, not one that will make the system fairer.