Winter Fuel Payment if one member opts out.

Dazed_and_C0nfused

pinnks said:

Thanks.  I know what she should get but the award letter is crystal clear, which raises all sorts of wider questions about the implementation of the policy.  Is this a one-off error or something else?

It does sound like an error on DWP's part.

Even Google Gemini thinks she should be getting just £100!

Dazed_and_C0nfused

Is this what you were interest in?

https://www.legislation.gov.uk/uksi/2025/969/made

sheramber

pinnks said:

My wife received her WFP award letter today informing her that she'll get £200 (under 80, no other additions etc) as she was born before the cut-off date and "no other person in the household is eligible".

That would be fine, except I am eligible, being a pre-September 1959er, but have opted out. 

I would therefore expect her to receive only £100 as I remain eligible but have opted out of receiving payment (otherwise the policy of means-testing WFP is a farce) and wonder whether this is a one-off, or systemic, error in DWPs procedures... 

If anyone knows the legal basis on which opting out is based, can they point me at it please as she (and I) would receive WFP without a claim under Reg 5 of the relevant regs, so cannot "withdraw a claim" that was neither made, nor necessary...

Would this apply?

• £200 if you were born before 22 September 1945 but the person you live with was born between 22 September 1945 and 21 September 1959

https://www.gov.uk/winter-fuel-payment/how-much-youll-get

pinnks

Dazed_and_C0nfused said:

Is this what you were interest in?

https://www.legislation.gov.uk/uksi/2025/969/made

Thanks but no - they are just the regulations providing for the WFP.  Reg 5 deals with "Making a Winter Fuel Payment without a claim", which is what happens for most of us but the regulations do not deal (as far as I can see) with the apparently long-standing ability to opt out. 

There must be legislation that permits oping out, otherwise DWP would be operating by concession by accepting opt outs and that is not allowed as a general rule.  I would like to read the relevant legislation to see what opting out actually means, especially when there is no claim. (I already know you can cancel or withdraw a claim to benefits before the claim has been actioned/completed but that is not, I think, where we are in the context of WFP without a claim) 

pinnks

sheramber said:

pinnks said:

My wife received her WFP award letter today informing her that she'll get £200 (under 80, no other additions etc) as she was born before the cut-off date and "no other person in the household is eligible".

That would be fine, except I am eligible, being a pre-September 1959er, but have opted out. 

I would therefore expect her to receive only £100 as I remain eligible but have opted out of receiving payment (otherwise the policy of means-testing WFP is a farce) and wonder whether this is a one-off, or systemic, error in DWPs procedures... 

If anyone knows the legal basis on which opting out is based, can they point me at it please as she (and I) would receive WFP without a claim under Reg 5 of the relevant regs, so cannot "withdraw a claim" that was neither made, nor necessary...

Would this apply?

• £200 if you were born before 22 September 1945 but the person you live with was born between 22 September 1945 and 21 September 1959

https://www.gov.uk/winter-fuel-payment/how-much-youll-get

No because we are both under 80.

Dazed_and_C0nfused

pinnks said:

Dazed_and_C0nfused said:

Is this what you were interest in?

https://www.legislation.gov.uk/uksi/2025/969/made

Thanks but no - they are just the regulations providing for the WFP.  Reg 5 deals with "Making a Winter Fuel Payment without a claim", which is what happens for most of us but the regulations do not deal (as far as I can see) with the apparently long-standing ability to opt out. 

There must be legislation that permits oping out, otherwise DWP would be operating by concession by accepting opt outs and that is not allowed as a general rule.  I would like to read the relevant legislation to see what opting out actually means, especially when there is no claim. (I already know you can cancel or withdraw a claim to benefits before the claim has been actioned/completed but that is not, I think, where we are in the context of WFP without a claim) 

Have also found this.  But suspect it doesn't help much really.

https://www.legislation.gov.uk/uksi/2025/969/pdfs/uksiem_20250969_en_001.pdf

pinnks

Yeah, I read that too, and this one (which makes an interesting read) is where I picked up on the "While this opt-out option has existed for years" point.

The Social Fund Winter Fuel Payments Regulations 2025: letter to the Secretary of State for Work and Pensions - GOV.UK

Yamor

The opt-out works because the power to pay a WFP without a claim is not mandatory. See the use of the word "may" in Reg. 5(1). There is plenty of case law backing this.

pinnks

Thanks.  That is the closest I had subsequently come to rationalising the position, so basically, although the "may" would essentially be a "shall" based on the information they hold, i.e. you would just get it automatically, if you call them and say, "please don't do this", they put a flag on your record to stop the auto payment.  This would leave you the option of making a claim before 31 March etc...

Yamor

That's right, and as you've discovered, it leaves a very useful method to enable a couple where one earns over £35k, and the other doesn't, to still receive the full WFP of £200/£300.