MORE FOR YOU - received form a friend today
Yes, it does snow in Cyprus and yes, it does freeze too! Photo © CyprusExpat.co.uk
12 January 2015
European Union treaty and the restriction of the Winter Fuel Payment to certain pensioner residents in the EU.
One of our colleagues has corresponded with the EU and has the following reply.
It is clearly essential that the Statutory Instrument laid by the DWP [2014 No. 3270] is suppressed.
Action to take
Complete a complaint to the EU (link is below) - This will be difficult except for the most informed! I have done it. I have also written (last month) to the EU committee on Social Security co-ordination.
Send another message to the Works & Pension Select committee.
You may use the phrase below or a variation:
"There is increasing evidence that the Statutory Instrument 2014 No. 3270 issued by the DWP infringes treaty agreements between the UK and the EU on the matter of Social Security co-ordination. It would be wise to suppress the SI before it causes embarrassment." or some phrases of your own invention.
The email address to use is workpencom@parliament.uk The committee clerk is Mrs. Carol Oxborough.
The European Union reply i received is as follows:-
Thank you for this enquiry.
As you will already know the EU comprises an area in which the free movement of EU nationals is ensured. This freedom of movement is supported by rules which provide for common treatment of social security rights and equal treatment on the provision of social security benefits. These rules are set out in Regulation 883/2004. These rules provide, in outline:
1. That you are subject to the social security legislation of one member state at any time (Article 11).
2. Cash benefits payable under the legislation of one member state should not be reduced on the fact that the recipient is residence in another member state (Article 7).
3. The United Kingdom has, until recently, provided a "Winter Fuel Payment" to UK pensioners resident in the UK only. This was prohibited under EU law (case C-Case C‑503/09, Stewart). The UK appears to have amended the rules in order to provide the benefit to pensioners resident in a number of countries only, ostensibly based on the weather in those countries. The EU rules do not provide for any available justification for this, and this does look, at first sight as though this is unlawful discrimination.
4. We would recommend that you either look to obtaining a political solution through the EU institutions, such as by contacting your local MEP or making a complaint to the European Commission:
http://ec.europa.eu/atwork/applying-eu- … int_en.htm
Alternatively, you should consider a legal solution by contacting the DWP in the UK and making a legal challenge. However, this would not be an effective solution until September 2015,when the legislation comes into force.
We hope that this assists,
Your Europe Advice.
British Expats in Cyprus have recently been batterd by freezing temperatures, and there is still snow in the Troodos Mountains. Roads have been blocked due to heavy snowfall, and when they that, ice forms overnight.
The police have warned drivers that snow tyres and chains must be fitted to vehicles to travel to many villages and towns in the Troodos Mountains area.
We cordially invite Mr Ian Duncan Smith and his friends to come and witness the freezing conditions we are experiencing in Cyprus at this time.
SOURCE - http://www.cyprusexpat.co.uk/blog/read/ … el-payment