michali

We are preparing for my husband's FLR(M) and doing a dummy run on the form. There is a box to tick if you have received any public funds and, on first reflection, did not think he had. However, having given it further consideration, we realize that the winter fuel allowance, which is automatically given to pensioners, i.e. not applied for, comes under social funds, which, in turn, comes under public funds. We will of course tick that box and explain that he was not aware that this was not part of the State Pension, which he has been receiving for several years. We are also writing to Works and Pensions asking for clarification and offering to repay the £100 received in 2014 and 2015 (£200 total).

We have decided to go for the same day appointment but I am now wondering if this will now be considered a complicated application and therefore not appropriate for a same day appointment. Any advice would be greatly appreciated, please.

Just when I thought we had everything in order!

BritInParis

Winter fuel allowance is not considered public funds for immigration purposes so there's no need to declare it.

michali

Thanks!

not2old

what is considered public funds

https://www.gov.uk/government/public...ublic-funds--2

BritInParis

Re-reading the guidance it does appear that the Winter Fuel Payment is considered a social fund payment and therefore does count as public funds for immigration purposes. However was it paid to you or your husband? If it was paid to you then you don't need to worry about it.

michali

It was paid to both of us! We really should have investigated when the payments were made but, as it does not appear in the initial list of public funds and one has to follow up on social fund payments, we did not even consider it might be a public fund. We just thought it was a part of the pension scheme. We are such a law abiding couple that this has come as a terrible shock and setback to an application which should have been straightforward. My main concern right now is whether we should make an appointment for same day decision or send by post. I would hope that we have a response from DWP as soon as possible but not holding my breath on that one! Our nerves are shattered!

BritInParis

Are you sure that's correct? It appears to be a fixed sum: "You qualify and live alone (or none of the people you live with qualify)"

https://www.gov.uk/winter-fuel-payment/what-youll-get

michali

Yes, because there are two pensioners in the home, the amount of the payment is shared between the two. Had they known he was not eligible, I would received the whole amount in my name.

BritInParis

Did you make an application for both of you or was paid to you automatically?

Did you receive a letter addressed to both of you from the DWP stating that you were given the Winter Fuel payment?

michali

We received individual letters unfortunately. We certainly did not apply or claim the payment. It was sent automatically and that is why we did not investigate. We thought it was part of the pension scheme. Obviously when we returned to the U.K., we should have said that my husband was under immigration control but, to be honest, we did not even think of that as he was already getting a pension and we knew that would continue unchanged.

BritInParis

Is your husband in receipt of a UK state pension? When did you return to the UK?

michali

Yes, he receives a graduated state pension since 2003 as he worked here in the sixties. We returned at the end of May 2014. We informed HMRC as we have been submitting tax returns for many years and DWP of our change of address but did not say anything about his being under immigration control as we did not think it relevant. Did not even consider that!

BritInParis

In that case it sounds as if the DWP has made a mistake which is acceptable under the relevant guidance. Not that it matters as you are still eligible for the payment and the amount paid would be the same. Just explain the error to the DWP and have them remove your husband from the relevant database. You'll still receive the payment but the letter will only be addressed to you in future.

In any case Form FLR(M) doesn't ask you about public funds unless you are completing Section 7B which would only apply to your husband if you were exempt from meeting the income threshold element of the financial requirement which I presume doesn't apply to you.

michali

Yes, I did notice that we do not fill out that part as we are applying under savings. We just don't want them to feel we are dishonest. We will wait to hear from DWP and I will update you. In the meantime BIP, we are so grateful for your time, effort and advice. Thank you so much!
PS the irony is that I looked at the list of Public Funds to see if my husband could apply for a Freedom Pass and it appears he could, but he never did as he did not want to ask for anything while on the visa!!

BritInParis

You are very welcome - you should get your husband his Freedom Pass now!