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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Do you receive state pension or another state benefit please?
Hi Alex. The question isn't regarding eligibility. My relative is a pensioner and has been receiving the allowance over the past years and did receive a letter from department of pensions in 2013 confirming they'll receive the allowance.
Yes I understand the question. But I need to know at this stage whether your relative is on benefit?
Yes they receive housing benefit.
State pension or other state related benefits?
Yes state pendion
Ok - normally what happens is they get the payment through their state pension.
Usually they don't get it from the energy supplier
So your relative needs to check to clarify whether or not they actually got it through their person credits
The've always received via energy supplier over the past years
Has this changed recently?
According to the government website this is how it should be paid
Let me just get the link
Here you go:
"You usually get a Winter Fuel Payment automatically if you get the State Pension or another social security benefit "
But if your friend did not then she needs to write to BOTH and ask for payment within 14 days or say she will go to Court.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. As the claim is for £10,000 or less it will be a small claim and you will not need representation.
But they are likely to pay your relative before any hearing is needed.
Can I clarify anything for you about this today please?
Excellent, thanks Alex. I'll pass on the info and see how it goes
All the best
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Thanks for your speedy service.
Happy to help