DWP Central Freedom of Information Team

e-mail: [DWP request email]

Our Ref: VTR 1130

03 July 2009

Dear Ernie,

Freedom of Information Request - VTR 1130

I am writing to confirm that the Department has now completed its search for the information you requested by e-mail on 18 June 2009 in which you requested the following information:

How many pensioners are resident overseas and getting winter fuel payments and wey (sic) do they get it if resident outside the uk.

There were 56,178 Winter Fuel Payments paid to individuals residing outside the United Kingdom for winter 2007/08 (the last year for which we have complete records).

You also asked why people overseas can receive Winter Fuel Payments. It may help if I explain that the main qualifying conditions for the Winter Fuel Payment are that people must be ordinarily resident in Great Britain or Northern Ireland and aged 60 or over during a specified qualifying week, usually the third week of September.

People who have not qualified for a payment whilst ordinarily resident in the Great Britain or Northern Ireland are not entitled to receive payments when they move to another European Economic Area country.

However, under European Union Law, some benefits acquired in one Member State must be paid to people who live outside that State but within the European Economic Area. Winter Fuel Payments are one of those benefits and the UK is bound by European Union Law. To comply with European law we continue to pay Winter Fuel Payments to former UK residents living elsewhere in the European Economic Area if they qualified for a payment before leaving the UK

If you are not satisfied with my handling of your request please tell me why. I will then arrange for an internal review of your request and my actions. The review will be conducted by another officer of a more senior grade to myself who took no part in my original decision in the provision of this information. The reviewing officer will advise you of his decision in writing.

If you are still not satisfied after we have looked at your request again, you can then ask the Information Commissioner to look into the way your request has been handled. The Commissioner is an independent officer who is appointed by Her Majesty the Queen and reports directly to Parliament. The Commissioner can see all the papers about your request and decide whether my decision is fair and meets the requirements of the Freedom of Information Act.

The Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Fax: 01625 524 510

e-mail: http://www.informationcommissioner.gov.uk

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

DWP Central FoI Team