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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Winter fuel allowance If someone who is eligible and received

Resolved Question:

Winter fuel allowance

If someone who is eligible and received Winter Fuel Allowance switched energy supplier, which supplier will send the allowance? It hasn’t been received and both are saying the other one should send.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

Do you receive state pension or another state benefit please?

Customer:

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.


In August 2013 they switched energy supplier.


The question is, which supplier should send the allowance? The previous or the new supplier?
Alex Watts :

Yes I understand the question. But I need to know at this stage whether your relative is on benefit?

Customer:

Yes they receive housing benefit.

Alex Watts :

State pension or other state related benefits?

Customer:

Yes state pendion

Customer:

*pension

Alex Watts :

Ok - normally what happens is they get the payment through their state pension.

Alex Watts :

Usually they don't get it from the energy supplier

Alex Watts :

So your relative needs to check to clarify whether or not they actually got it through their person credits

Customer:

The've always received via energy supplier over the past years

Customer:

Has this changed recently?

Alex Watts :

Ok.

Alex Watts :

According to the government website this is how it should be paid

Alex Watts :

Let me just get the link

Alex Watts :

Here you go:

Alex Watts :

https://www.gov.uk/winter-fuel-payment/overview

Alex Watts :

"You usually get a Winter Fuel Payment automatically if you get the State Pension or another social security benefit "

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

But they are likely to pay your relative before any hearing is needed.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Excellent, thanks Alex. I'll pass on the info and see how it goes

Alex Watts :

All the best

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Thanks for your speedy service.

Alex Watts :

Happy to help

Ash and other Law Specialists are ready to help you