Not a very cheerful query, but a situation that must happen.
A client's mother who was aged 91 passed away 2 weeks ago. when he went to her flat he found a letter telling her that her winter fuel payment would be paid into her account shortly.

As far as I can tell as she was still living at home and aged over 60 on the qualifying day in September the payment is ok and won't be recoverable.

Does any body out there know what happens in situations like this as it must happen quite a bit because the payment dates are spread over a wide time range after the qualifying date.

Any answers would be gratefully received

Matthew Finch
Leicester City Council
Welfare Rights Officer

can't find any information to the contrary, so would imagine it is safe to assume that the estate would be entitled to the payment, as the customer was resident (and alive) on the qualifying date.

http://www.thepensionservice.gov.uk/winterfuel/helpline.asp gives the helpline number of 08459 15 15 15 if you want t make absolutely certain.

And you're not the Matthew Finch who did public admin at Leicester Poly are you? Greetings if you are, greeting anyway if your not

David Kearney
Benefit Supervisor
Borough Council of Wellingborough

Hi Dave,

I am the Matthew Finch who went to Leicester Poly, I assume you're the Dave Kearney who used to go to Scraptoft. so Hi (that was a long time ago when students got grants and beer was £1 a pint)). Benefits Supervisor sounds very responsible! so I will advise my client that I have had my opinion confirmed by another advisor.

Matt

How spooky is this? I am executor of the estate of a close relative of mine who died at the end of October. As is right and proper, I informed the DWP about this so as to stop the deceased' Retirement Pension. Only 3 days ago did I get a form from the DWP about Winter Fuel Payments. They were clear that as the deceased was alive during the qualiying period then Winter Fuel Payment was payable to her. Myself and others in the office checked this and we also could find no reason why the DWP might be wrong. They asked that I fill in the form, reuturn it in the pre-paid envelope saying why I think I should be entitled to the payment. The examples they gave included being the executor of the will. The completed form in en route to the paying department.

Does this help? Thank you.

Hi Paddy,

I think that confirms it, it seems to be that as long as you are alive, a pensioner and living at home on a day in september then you qualify and what happens afterwards is irrelevant. I wonder what would happen if some one went in to care in between the qualifying day and the day their payment is issued???

Matt

The person who I am executor for was not actually resident at home at her death or at any time during the qualifying period. She was admitted to hospital in late Jannuary 2007. On discharge from hospital in September 2007, she was admitted into an intermediate care home for rehabilitiation. She had an accident in that residence and returned to hospital where she sadly passed away in late October 2007. Although she was not actually in residential care as such, she was responsible for her rented home and the bills thereof while in Hospital.

Do you think this complicates things? We feel that entitlement would still be established despite time in Hospital etc. Are we wrong do you think? The DWP are in possession of this information but still seem to be ready to make payment of the Winter Fuel Payment.

Thank you.

I just checked the Disability Rights Handbook at page 58. It seems I am right as the person could not fall under any of the resptrictions for the payment. The qualification criteria metioned there seems only to say were 60 or over in the week beginning 17.09.07 and nothing more.

Thank you.

Paddy,

I've just checked the CPAG book (p 521 ) and it says you need to be 60 and ordinarily resident in Great Britain and you are not excluded from a payment under the rules below. (reg 3 SFWFP Regs )

The exclusions are

*serving a custodial sentence
*have been receiving free inpatient treatment for more that 52 weeks
*you are receiving pension credit or income based JSA and are living in residential care through out the qualifying week and the 12 preceding weeks disregarding temporary absences.

sorry if I've muddied the waters.

Matt

No problem at all. She was hospital in-patient for 37 weeks, not in prison or on Pension Credit or in residential care. So its okidoki.

Thank you.

Okidoki? Isn't that an Oriental martial art?

Just to let everyone know that a giro for the payment came on Saturday. And then a letter came on Monday saying that a payment will arrive in a few days time. Do you think that that means I'm going to get even another payment? Tee hee; only joking. Thank you for your input everyone.

P.S. You could be thinking of Ludo perhaps?