Martin Lewis explains how you can appeal if you receive a letter cancelling your winter fuel payment
Date: 2024-11-01MARTIN Lewis has explained how you can appeal if your winter fuel payment is cancelled, but his answer is surprising.
The founder of MoneySavingExpert.com shared the advice while delivering his ITV Money Show Live Budget Special.
The advice came in response to one viewer who wrote into the show and asked the consumer champion: “I have just received a letter from the DWP cancelling my winter fuel payment.
“I will struggle to pay my utility bills without this.
“I believe it may be possible to ask for a ‘Mandatory Reconsideration‘ to try to overturn this. Is it correct?”
The winter fuel payment, worth up to £300, was previously available to everyone over the state pension age (66).
However, cuts made by Chancellor Rachel Reeves mean the payment is limited to retirees on pension credit or those receiving certain six other means-tested benefits.
In response to the viewer, Martin said: “So look, a mandatory reconsideration would be if you think there has been an error in the facts that you gave them when you’re assessed for benefits.
“My suspicion is, that’s not what’s going on.
“Winter fuel payments used to be universal, but now they are means tested.
“And it’s means tested for most people based on eligibility for pension credit.”
Instead of a mandatory reconsideration, Martin said that the reader should check whether they qualify for the benefit first.
He added: “Do you have earnings of under around £220 a week? If it’s under that level, apply for pension credit.
“It’s worth an average of £3,900 a year, and you will get your winter fuel payment.
We’ve explained how to check if you’re eligible for pension credit and submit a mandatory reconsideration if you think you’ve been wrongly denied it.
CHECK IF YOU QUALIFY
Pension credit tops up your weekly income to £218.15 if you are single or to £332.95 if you have a partner.
This is known as “guarantee credit”.
If your income is lower than this, you’re very likely to be eligible for the benefit.
However, if your income is slightly higher, you might still be eligible for pension credit if you have a disability, you care for someone, you have savings or you have housing costs.
You could get an extra £81.50 a week if you have a disability or claim any of the following:
- Attendance allowance
- The middle or highest rate from the care component of disability living allowance (DLA)
- The daily living component of personal independence payment (PIP)
- Armed forces independence payment
- The daily living component of adult disability payment (ADP) at the standard or enhanced rate.
You could get the “savings credit” part of pension credit if both of the following apply:
- You reached State Pension age before April 6, 2016
- You saved some money for retirement, for example, a personal or workplace pension
This part of pension credit is worth £17.01 for single people or £19.04 for couples.
Pension credit opens the door to other support, including housing benefits, cost of living payments, council tax reductions and the winter fuel payment.
Claims for pension credit also open doors to a number of freebies and discounts.
For example, pension credit claimants over 75 qualify for a free TV licence worth up to £169.50 a year.
Claims for the benefit also provide eligibility to £25 a week cold weather payments and the £150 warm home discount.
The Sun has launched a free tool to help you check whether you are eligible for benefits.
The free benefits checker is in partnership with poverty charity Turn2Us as part of our Winter Fuel SOS campaign.
If you’ve applied an think you were wrongly rejected, you can ask for a mandatory reconsideration.
How do I apply for pension credit?
YOU can start your application up to four months before you reach state pension age.
Applications for pension credit can be made on the government website or by ringing the pension credit claim line on 0800 99 1234.
You can get a friend or family member to ring for you, but you’ll need to be with them when they do.
You’ll need the following information about you and your partner if you have one:
- National Insurance number
- Information about any income, savings and investments you have
- Information about your income, savings and investments on the date you want to backdate your application to (usually three months ago or the date you reached state pension age)
You can also check your eligibility online by visiting ov.uk/pension-credit first.
If you claim after you reach pension age, you can backdate your claim for up to three months.
How do I ask for a mandatory reconsideration?
If you disagree with a decision about pension credit, you can ask for the decision to be looked at again – this is called “mandatory reconsideration”.
It’s free to ask for mandatory reconsideration.
You can ask for mandatory reconsideration if any of the following apply:
- You think the office dealing with your claim has made an error or missed important evidence
- You disagree with the reasons for the decision
- You want to have the decision looked at again
Some decisions cannot be reconsidered. Others can go straight to an appeal.
Your original decision letter will say if this applies to you.
You usually need to ask for mandatory reconsideration within one month of the date of the decision.
You can ask for it after one month if you have a good reason, for example, if you’ve been in hospital or had a bereavement.
Make sure you understand the reason for the decision you received before you ask for mandatory reconsideration.
This will help you explain why you disagree.
To ask for a mandatory reconsideration you’ll need to contact the benefits office that gave you the decision.
You can contact them:
- By phone
- By letter
- By filling in and returning a form for asking for mandatory reconsideration
The contact details are always provided on your decision letter.
But if you do not have your decision letter, contact the office where you applied for the benefit.
When you ask for mandatory reconsideration, you need to give:
- The date of the original benefit decision
- Your name and address
- Your date of birth
- Your National Insurance number
Explain what part of the decision is wrong and why – you can send evidence to support your reasons.
Any evidence you send needs to support your reasons for why the decision was wrong. It could, for example, be:
- New medical evidence
- Bank statements or payslips
- Details on rental and service charge payments
Once you’ve sent your evidence, the benefits office that gave you the original benefit decision will reconsider it.
When they’ve reconsidered it, you’ll get a letter called a “mandatory reconsideration notice” telling you whether they’ve changed the decision.
The mandatory reconsideration notice will explain the reasons for that decision and the evidence it was based on.
If you disagree with the outcome, you can appeal to the Social Security and Child Support Tribunal if you think the decision in the mandatory reconsideration notice is wrong.
A judge will listen to both sides of the argument before making a decision.
You usually need to appeal within one month of the date of your mandatory reconsideration notice.
How much is the winter fuel payment and how is it paid?
PAYMENTS last year were worth between £300 and £600, depending on your specific circumstances.
This is because the amount included a “Pensioner Cost of Living Payment” – between £150 and £300.
This year, it will be worth £200 for eligible households or £300 for eligible households with someone aged over 80.
That means you could receive up to £300 in free cash depending on your circumstances.
Most payments are made automatically in November or December.
You’ll get a letter telling you:
- How much you’ll get
- Which bank account it will be paid into
If you do not get a letter or the money has not been paid into your account by January 29, 2025, you must contact the Winter Fuel Payment Centre on 0800 731 0160.
