No debate on WFP regulations

A BID to have new regulations removing the Winter Fuel Payment (WFP) from expats in France has failed – but the MP behind it says he is still hopeful the UK government may change its mind.

The ‘prayer’ against the regulations, which restricts WFP to people in named ‘cold’ countries, not including France, did not give rise to a debate on annulling them within the period of 40 working days that was open for this.

Conservative MP Roger Gale, who tabled the motion to annul the regulations, said that, despite the fact 19 other MPs supported the bid, DWP Minister Iain Duncan Smith was not obliged to offer the topic for debate. “There was never going to be one unless the government called for it – and they haven’t responded,” he said. The bid was a long shot as it is uncommon that the government allows time for such a debate to be held, but the more support such a 'prayer' gets the more likely it is.

The regulations are now law, but they state that they “come into force” on September 21 – in time to block applications for WFP for winter 2015/16.

The European Commission, previously told Connexion the WFP should be paid to all eligible people in the EU.

Britons in France lose out under the regulations because the DWP decided to include the French overseas departments in its definition of France, which raised the average “winter” temperature from 4.9C to 7C – above a 5.6C benchmark, which was the figure for the south-west of England (see previous article for more on this).

Sir Roger said his personal view is that WFP should be means-tested, however the government considers this too complicated and has chosen for it to be available to all eligible people of the qualifying age. “In doing that the Prime Minister is honouring a pledge – it’s what he said he would do – but if that’s the case, my view is that he should be fair to everybody and I don’t think including the overseas departments is a fair way of assessing the situation.

“We all know that there are people in France who do need it, because they are not rich and sitting on yachts drinking G&T, which is the impression that some politicians try to give.”

Sir Roger added he thought DWP Minister Ian Duncan Smith, who signed the regulations, had made the UK social security system fairer in some other respects – for example by capping benefits to encourage more people to work. “I think he’s been courageous, but in this instance I think it’s wrong and I hope the government has a rethink. There is still plenty of time before September to take another look.

“I don’t think it was Iain’s intention to upset a lot of hard-working people who’ve paid their taxes – he’s just trying to save taxpayers’ money, but it’s a blunt instrument and I think here the system has got it wrong.”

In official notes to the regulations, the DWP states it did “consider very carefully” making WFP to people in “cold regions of ‘warm’ countries”, but decided it would be too complex and too expensive in administrative costs. It also states that it “considered carefully” a formal consultation on the issue but decided it was not necessary.

It states that among other factors taken into account were a “steady stream... of media articles on the subject of WFPs, particularly in relation to payments made to people living in warmer countries”.

The DWP also notes that it was required under EU pressure firstly to make WFPs to expats in EU countries who had previously qualified for them while living in the UK and then more recently to people with a ‘sufficient link’ to the UK’s social security system (such as working in the UK for much of their lives and qualifying for a British pension) even if they were not in the UK when they reached qualifying age.

A DWP spokesman said: “Winter Fuel Payments are intended to encourage older people in Britain to keep warm. They were never intended to be paid outside the UK." He added the intention to restrict payments based on average winter temperatures was announced in 2013.