Winter Fuel Allowance - living in uk?

malc_b

Hi,

Does the gov had a definition of what it means by "living in the uk during the qualifying week"?  I would presume that a pensioner, with a home in the uk, would still be "living in uk" if he went on holiday in that week, although with this government who knows.  Hence I'd like to see a legal definition, is there one?

Thanks

MikeJXE

Eligibility

You can get a Winter Fuel Payment if you were born before 25 September 1957.

You usually need to live in the UK. In some circumstances, you might be eligible if you live abroad.

When you will not be eligible

You will not be eligible if you:

• have been in hospital getting free treatment for more than a year
• need permission to enter the UK and your granted leave says that you cannot claim public funds
• were in prison for the whole of the week of 18 to 24 September 2023

la531983

They aren't going to know if you are on holiday or not, that would actually involve joined up thinking between benefits and passport agencies, and you don't go have to go abroad to go on holiday anyway

malc_b

Hi,

I guess I don't understand the qualifying week.  Maybe that only applies to benefit WFA rather than standard pension WFA.  I was born before 25/9/1957 so it seem like I qualify but then it says "you usually need to live in uk", define live in uk?  The opposite of live abroad I guess.  Age UK says:

"If you were born on or before 25 September 1957, you're likely to qualify for a Winter Fuel Payment in the winter of 2023-24, as long as you were living in the UK during the qualifying week.

The qualifying week is the week beginning from the third Monday in September."

Again doesn't explain what living in uk legal means.

And yes I don't have to go abroad (and I'm not) but if I decided to next year or after then it would help to know if I need to avoid the 3rd or lose £500 (me and the wife) (or run the risk of been caught defrauding DWP by not declaring I was out of the country).

Bimbly

malc_b said:

define live in uk?  

How about the government definition? https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt

Richard1212

We usually spend 3 or 4 months of UK winter in our sunny overseas home and, believe it or not, we found that we were receiving Winter Fuel Payment in UK, so you seem absolutely  safe having a holiday during the relevant period. We had to contact DWP and tell them that we did not wish to receive the Payment, a facility which is open to anyone under DWP regulations. Have a great holiday without any worry.

JGB1955

Surely 'living' means where you live (your home)?  You don't live in a holiday apartment - it's temporary accommodation. You don't physically have to be 'at home' on that date to qualify - just have to have a 'home' there.  

malc_b

Richard1212 - thanks for the info.

JGB1955 - Yes, I would agree living is where your home is and holiday accommodation is not home but who ever said the government was sensible.

Bimbly - good suggestion and link.  I'm definitely resident for tax so hard to argue I'm not "living in uk" if I'm being taxed here.