Date Legislation considered: 12 November 2024
Date Legislation in force: 16 September 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Article 30 of Title III of Withdrawal Agreement, Article 29 of Title III of EEA EFTA Separation Agreement, The above covers social security coordination
What does the legislation do?
These regulations introduce changes to Winter Fuel Payments (‘WFP’) in Northern Ireland. The regulations introduce a requirement that WFPs are made to a pensioner in households in Northern Ireland which are in receipt of qualifying income-related benefit or tax credit. Previously, these payments were paid to pension households regardless of receipt of other benefits.
The regulations also provide for social security coordination for those living in certain EEA countries and Switzerland as set out in Title III of the Withdrawal Agreement and EEA EFTA Separation Agreement.
Regulation 2 provides for payment of WFPs to people who have reached State Pension age by the end of the qualifying week, are habitually resident in a country listed in Schedule 1 to these regulations (listed are eligible EEA countries and Switzerland), are in receipt of a benefit equivalent to Pension Credit or another qualifying benefit or tax credit and are able to show a genuine and sufficient link to the United Kingdom.
Schedule 1 does not list all the EEA countries, and this follows previous domestic practice which excludes, from the WFP scheme, those living countries with an average winter temperature higher than the warmest region in the UK.
These regulations are amended by the Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2024, which came into operation on 21 November 2024. Those amendments are minor, typographical in nature and do not affect the IMA’s conclusions, stated below.
Comments
While the IMA raises no issues of concern at this stage about the substance of the provision referred to above, it notes that it expires on 1 April 2025. The IMA has therefore made enquires with the Northern Ireland Executive about the reasons for that and its intentions following that date.
Any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.