Concessionary Fuel Agreements for ex British Coal Colliery Management Staff

The request was partially successful.

Dear Department of Energy and Climate Change,

Would you please provide me with the following information :-
Where I can find all copies of the agreements made including any amendments
regarding types of fuel permitted, how cash in lieu is calculated , responsibilities
of those ( Capita ) in running the scheme.

In addition the total costs of running the scheme and numbers of staff employed
at Dept of Energy
Capita
CPD

Yours faithfully,

Eric Taylor

correspondence@bis.ecase.gsi.gov.uk on behalf of FOI Requests,

DECC Ref: FOI2016/04230

Dear Mr Taylor

Thank you for your request for information which was received on 18th
February. Your request has been passed on to the appropriate official at
the Department of Energy and Climate Change (DECC) to deal with.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and/or the Environmental Information Regulations 2004
and we will reply at the latest by 17th March

If you have any queries about this email, please contact the Information
Rights Unit at the Department for Business, Innovation and Skills (BIS)
who provide a shared service to DECC.

Please remember to quote the reference number above in any future
communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills | 1
Victoria Street, London, SW1H 0ET | www.gov.uk/bis |
[email address] | BIS have a shared service level agreement
with DECC to process and advise on their FOI requests

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

eric taylor left an annotation ()

I have already, as a result of questioning Capita, that all
concessionaires over 80 years old should have automatically
received a 50kg or cash equivalent increase in their
allowance.
I hope to establish that their dictatorial attitudes regarding
what fuels concessionaires can or cannot have are unfounded

I have also seen in agreements that concessionaires can
switch between fuels and cash in lieu as often as they wish
and not just the twice as I believe Capita have claimed

FOI Requests,

7 Attachments

Dear Mr Taylor,

 

Please find attached a response to your recent request, ref FOI2016/04230.

 

If you have any queries about this email, please contact the Information
Rights Unit at BIS.

 

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

 

Information Rights Unit

 

Information Rights Unit I Digital Directorate I Finance, Commercial and
Digital Transformation Group I Department for Business, Innovation &
Skills I 1 Victoria Street, London, SW1H 0ET I [1]www.bis.gov.uk

BIS have a shared service level agreement with DECC to process and advise
on their FOI requests

 

 

 

show quoted sections

Dear FOI Requests,
I cannot see copies of any amendments to agreements made between the initial agreement and
up to the present date. It contains no information on Capita

Yours sincerely,

eric taylor

Dear Department of Energy and Climate Change,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Energy and Climate Change's handling of my FOI request 'Concessionary Fuel Agreements for ex British Coal Colliery Management Staff'.

You have failed to provide me with all or even any amendments to the initial agreements which you
have provided nor have you provided me with the costs of employing Capita

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

eric taylor

correspondence@bis.ecase.gsi.gov.uk on behalf of FOI Requests,

DECC ref: FOI2016/04230

Dear Mr Taylor

Thank you for your request for information which was received on 10th
March. Your request has been passed on to the appropriate official at the
Department of Energy and Climate Change (DECC) to deal with.

In line with the Information Commissioners guidance, internal reviews
should be responded to within 20 working days unless they are complex, in
which case a response should be sent within 40 working days. Please be
aware that this does not include weekends and bank holidays. The
Department aims to respond to requests for internal reviews as quickly as
possible. We hope to be in contact with you again shortly with a decision
on your request.

If you have any queries about this email, please contact the Information
Rights Unit at the Department for Business, Innovation and Skills (BIS)
who provide a shared service to DECC.

Please remember to quote the reference number above in any future
communications.

Kind regards,
Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills | 1
Victoria Street, London, SW1H 0ET | www.gov.uk/bis |
[email address] | BIS have a shared service level agreement
with DECC to process and advise on their FOI requests

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

correspondence@bis.ecase.gsi.gov.uk on behalf of FOI Requests,

DECC Ref: FOI2016/06183

Dear Mr Taylor

Thank you for your request for information which was received on 10th
March. Your request has been passed on to the appropriate official at the
Department of Energy and Climate Change (DECC) to deal with.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and/or the Environmental Information Regulations 2004
and we will reply at the latest by 11th April

If you have any queries about this email, please contact the Information
Rights Unit at the Department for Business, Innovation and Skills (BIS)
who provide a shared service to DECC.

Please remember to quote the reference number above in any future
communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills | 1
Victoria Street, London, SW1H 0ET | www.gov.uk/bis |
[email address] | BIS have a shared service level agreement
with DECC to process and advise on their FOI requests

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests,

1 Attachment

Dear Mr Taylor

 

Please find attached a response to your recent request for an internal
review, ref FOI2016/04230.

 

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

 

Information Rights Unit

 

Information Rights Unit I Digital Directorate I Finance, Commercial and
Digital Transformation Group I Department for Business, Innovation &
Skills I 1 Victoria Street, London, SW1H 0ET I [1]www.bis.gov.uk

BIS have a shared service level agreement with DECC to process and advise
on their FOI requests

 

 

 

show quoted sections

FOI Requests,

7 Attachments

Dear Mr Taylor,

 

Please find attached a response to your recent requests, refs
FOI2016/06180 and FOI2016/06183.

 

If you have any queries about this email, please contact the Information
Rights Unit at BIS.

 

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

 

Information Rights Unit

 

Information Rights Unit I Digital Directorate I Finance, Commercial and
Digital Transformation Group I Department for Business, Innovation &
Skills I 1 Victoria Street, London, SW1H 0ET I [1]www.bis.gov.uk

BIS have a shared service level agreement with DECC to process and advise
on their FOI requests

 

 

 

show quoted sections

Dear FOI Requests,
Re FOI 2016 06180 & 06183

I have received NO information on what it costs the DOE ( ie the public ) to employ Capita so might I rephrase my enquiry. There has been a figure provided as to what it costs the DOE to administer the Concessionary
Fuel Scheme . Does this figure include the costs of DOE Staff, Capita Contract as well as Fuel and
Cash in Lieu costs. I assume that all of the Concessionaires are also in receipt of Coal Industry Pensions.
What would the Cost to the DOE be if every Concessionaire were to receive a Cash in Lieu payment
alongside their pensions and they were able to use this monies to heat their homes in any way they wished
and the five DOE staff and Capita were made redundant.
I have received no information as to how cash in lieu is calculated for individual concessionaires, however
I believe it is based on a heating cost in the cost of living figures.
However I did establish that Concessionaires over 80 were automatically due to ONE EXTRA CWT on their
fuel allowance. Capita in their wisdom have decided that Concessionaires who take all their allowance
as fuel are due to the full ONE CWT. Those , over 80, who receive Cash in Lieu DO NOT BENEFIT AT ALL,
from this increase in their annual allowance. Those, over 80, who take part of their allowance as fuel
and part as cash in lieu receive extra cash in lieu based on the proportion taken as fuel. THIS IS NOT
HOW THE INITIAL AGREEMENT WAS MEANT TO BE INTERPRETED. Each Concessionaire over 80 should
have their allowance of cash in lieu increased by the equivalent of ONE CWT FUEL ( approx. £27 ).
The Concessionary Fuel Agreements specifically state that the Concessionaire cannot be told what type
of fuel they must burn. Of course it must comply with the Smokeless Fuel Laws.
I have requested Phurnacite and Cpd Smokeless Coal No 5 products. Capita again have decided that
they can impose their own rules as to what concessionary fuels I can burn. Phurnacite is banned because
it is a closed appliance recommended fuel. I have documentary evidence from the Solid Fuel Advisory
Service and Coal Products that it is not illegal to burn Phurnacite on an open fire ( my appliance ) and
anyone can do so. Smokeless Coal No 5 is banned because it has not been authorised by some other body
yet it is on sale to the general public as an open fire or closed appliance smokeless fuel.
I PURCHASED SMOKELESS COAL NO 5 as a member of the general public. I used my cash in lieu to buy
it. There is nothing in the Concessionary Fuel Agreement preventing me from doing this in fact had I so
wished I could have spent all of my cash in lieu on either Phurnacite or Smokeless Coal No5 AND HAD I
SO WISHED GIVEN/SOLD IT TO ANYONE SO RIDICULOUS ARE THE WAY A SIMPLE CONCESSIIONARY FUEL
AGREEMENT IS RUN. I ask the DOE Minister himself to STOP this nonsense continuing.

Yours sincerely

Eric Taylor

Whelan Christopher (Energy Development), Department of Energy and Climate Change

18 Attachments

Dear Mr Taylor,

 

Having considered your correspondence, we are of the view that we are
unable to respond to you by providing copies of recorded information. It
is therefore not appropriate to provide an answer under the Freedom of
Information Act 2000 (FOI). In these circumstances such correspondence is
treated as ‘normal course of business’ enquiries, and we are providing a
reply outside of the FOI regime. This is in accordance with the guidance
given in the ICO publication 'Freedom of Information & Environmental
Information Regulations – Hints for Practitioners handling FOI/EIR
requests', available on the ICO website via the following link:

 

[1]https://ico.org.uk/media/for-organisatio...

 

In the Department’s reply to you FOI 16/04230, you were provided with the
total costs of running the scheme.  That figure includes all of the costs
associated with employment of Capita, CPL, Cash in Lieu and Fuel costs.  I
do not know the individual pension arrangements of our concessionaires and
can’t confirm whether all of them are in receipt of Coal Industry
Pensions.

 

It is open to concessionaires to receive cash-in-lieu in preference to
solid fuel.  However, the terms of these entitlements are managed under
the individual Concessionary Fuel Schemes and are considered to be
contractual entitlements.  So without legislation and some form of
compensation payment, it is unlikely we could encourage all
concessionaires to switch, making it  difficult to answer your question on
the cost of providing cash-in-lieu to every concessionaire instead of
solid fuel.  Nonetheless, there is a steady flow of beneficiaries that
choose to convert to cash each year and, on doing so, are free to use
their payment to heat their homes in any way they wish. Even in a scenario
such as the one you have presented, there would be a requirement to retain
a contract to administer cash-in-lieu payments and for oversight of the
scheme and to deal with correspondence etc. 

 

The information on how cash-in-lieu is calculated is contained in the BACM
agreement beginning at paragraph 10.

 

With regard to your fuel requirements my understanding is that if you wish
to receive Phurnacite, you can.  The annual entitlement for Phurnacite is
3.150 tonnes a year plus one 50kg bag, as you are  aged over 80 years,
making the entitlement 3.200 tonnes a year.

Smokeless Coal No.5 is not a fuel named in Appendix 1 to the BACM
Agreement or available as a Generic.  However, if you wish to change your
entitlement to cash-in-lieu then you can, of course, and you may use that
payment to purchase the fuels of your choosing.

 

We have very few complaints from concessionaires and, where issues arise,
attempt to resolve these in a satisfactory manner.  I would encourage you
to continue to discuss your requirements with our fuel contractors to
resolve any issues that remain and our contracts manager can be contacted
should you wish to continue to discuss your fuel requirements.  Contact
details are Sue Wall, Fuel Contract Manager, Capita, Concessionary Fuel
Contracts tel: 0370 386 9817

 

Regards

 

COAL LIABILITIES UNIT  

 

 

 

show quoted sections

Dear Whelan Christopher (Energy Development),
There is no explanation in your letter as to why you have failed to increase the cash in lieu payments to
retired concessionaires in line with the value of the extra cwt of fuel all aged +80 all are due to.
If the original agreement set cash in lieu based on the value of the concessionary fuel allowance please
confirm whether or not it included an extra sum for the over 80's added allowance.

I have a letter from Capita's Sue Wall specifically barring me from requesting Phurnacite

The fuels currently available are not all listed in Appendix 1, some listed are no longer available. The
fuels Capita list are those agreed between You , them, and tested by an outside body . None of this
can be found anywhere in the Concessionary Fuel Agreement in fact this states plainly that the
Concessionaire is to decide which fuel he wants.
Perhaps you will state whether or not you agree that it is a} logical, b} desirable, c} morally acceptable
that the rest of the public can burn any smokeless fuel they choose, whilst a few thousand Concessionaires
are banned from using some of them because Capita so decree.

I find it unbelievable that you are unable to cross check ex NCB/British Coal Pension Receivers with
ex NCB/British Coal Concessionary Fuel/Cash in Lieu Receivers. You have sent letters out asking why
Concessionaires will not accept cash in lieu, perhaps if Mr Osborne did not impose a 20% tax more
might.

By the way there is no cost to the Government ,{ the Public }, for the Concessionary Fuel Agreement it is
more than covered by the billions of pounds stolen from the Mineworkers/BCSS pension schemes.

Yours sincerely,

eric taylor

Whelan Christopher (Energy Development), Department of Energy and Climate Change

Dear Mr Taylor

Thank you for your further correspondence received via the What Do They Know portal. We note that there is no request for recorded information in your request but you are seeking clarification on certain matters. Where no request for recorded information is being made, correspondence should be sent to the DECC Correspondence Team via the email address [email address]

The rate of cash-in-lieu payable was negotiated in 1992/1993 between BACM and British Coal. The Concessionary Fuel Agreement for managers was negotiated between British Coal and BACM prior to the privatisation of British Coal. The Department of Energy and Climate Change was not a party to those negotiations and from taking on the liability to provide concessionary fuel entitlements to former British Coal employees, has ensured that the terms of the various agreements are applied. The Department has no plans to make any changes to those agreements.

You have been provided with some commentary in response to your previous FOI requests, FOI 2016/06180 and FOI 2016/06183, as to why some fuels are no longer available. Nonetheless, the administration of the scheme has remained true to the fuel agreements even though from time to time new fuels have been introduced.

Coal Pensions are managed by the pensions trustees and data on individuals pension arrangements are not held by this office.

I re-iterate the information in my previous reply, and confirm that Phurnacite is available to you at the tonnage set out in that response.

I believe we have now reached the point where we have responded to all of your correspondence, and further responses on these subjects will add nothing to those replies already sent to you, even though you might remain unhappy. I would once again encourage you to engage with Capita on your specific fuel requirements. Unless you provide additional information or raise fresh issues, further correspondence we receive from you regarding these matters will be acknowledged but not answered.

Yours sincerely

COAL LIABILITIES UNIT

show quoted sections

Dear Whelan Christopher (Energy Development),

Thank you for your reply . You mention an agreement between British Coal and BACM dated 1992/93
regarding Cash in Lieu. Perhaps you might let me have sight of this

Yours sincerely,

eric taylor

Whelan Christopher (Energy Development), Department of Energy and Climate Change

Dear Mr Taylor

To confirm that the agreement reached from the negotiations in 1992/93 is reflected in the 1994 Agreement which you have been provided with.

Yours sincerely

COAL LIABILITIES UNIT

show quoted sections