EU treaty and The
restriction of the WFP to certain pensioner residents in the EU.
One of our colleagues has
corresponded with the EU, about the UK governments fraudulent withdrawal of the
Winter Fuel Payment to UK pensioners living in some European countries and has received
the following EU Reply:-
Thank you for this enquiry. As you will already know the EU comprises an area in which the free movement of EU nationals is ensured. This freedom of movement is supported by rules which provide for common treatment of social security rights and equal treatment on the provision of social security benefits. These rules are set out in Regulation 883/2004. These rules provide, in outline:
1. That you are subject to the social security legislation of one member state at any time (Article 11).
2. Cash benefits payable under the legislation of one member state should not be reduced on the fact that the recipient is residence in another member state (Article 7).
3. The United Kingdom has, until recently, provided a "Winter Fuel Payment" to UK pensioners resident in the UK only. This was prohibited under EU law (case C-Case C‑503/09, Stewart). The UK appears to have amended the rules in order to provide the benefit to pensioners resident in a number of countries only, ostensibly based on the weather in those countries. The EU rules do not provide for any available justification for this, and this does look, at first sight as though this is unlawful discrimination.
4. We would recommend that you either look to obtaining a political solution through the EU institutions, such as by contacting your local MEP or making a complaint to the European Commission:
http://ec.europa.eu/atwork/
Thank you for this enquiry. As you will already know the EU comprises an area in which the free movement of EU nationals is ensured. This freedom of movement is supported by rules which provide for common treatment of social security rights and equal treatment on the provision of social security benefits. These rules are set out in Regulation 883/2004. These rules provide, in outline:
1. That you are subject to the social security legislation of one member state at any time (Article 11).
2. Cash benefits payable under the legislation of one member state should not be reduced on the fact that the recipient is residence in another member state (Article 7).
3. The United Kingdom has, until recently, provided a "Winter Fuel Payment" to UK pensioners resident in the UK only. This was prohibited under EU law (case C-Case C‑503/09, Stewart). The UK appears to have amended the rules in order to provide the benefit to pensioners resident in a number of countries only, ostensibly based on the weather in those countries. The EU rules do not provide for any available justification for this, and this does look, at first sight as though this is unlawful discrimination.
4. We would recommend that you either look to obtaining a political solution through the EU institutions, such as by contacting your local MEP or making a complaint to the European Commission:
http://ec.europa.eu/atwork/
It is clearly essential that the Statutory Instrument laid by the DWP [2014 No. 3270] is suppressed. There are two actions that can be taken 1.:- Complete a complaint to the EU (link is below)- This will be difficult except for the most informed!
OR/AND Send a message to the Works & Pension Select committee. workpencom@parliament.uk (Clerk's name is Mrs. Carol Oxborough) in the following form:-
"There is increasing evidence that the Statutory Instrument 2014 No. 3270 issued by the DWP infringes treaty agreements between the UK and the EU on the matter of Social Security co-ordination. It would be wise to suppress the SI before it causes embarrassment." or some other phrases of your own invention.
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