§ Earl Russellasked Her Majesty's Government:
Why only original birth certificates are acceptable with claims for winter fuel payments; and [HL2806]
Whether those whose original birth certificates have disintegrated through the passage of time, fire, flood or other accident are capable of qualifying for a winter fuel payment; and, if so, how; and [HL2807]
Whether clinically certified sufferers from Alzheimer's disease and other impairments of memory, who cannot remember where they have put their original birth certificate, can qualify for winter fuel payments; and, if so, how; and [HL2808]
34WAWhether naturalised British subjects who are former refugees, whose original birth certificates are either in countries to which they cannot have safe access, or were destroyed by war or civil commotion, are capable of qualifying for winter fuel payments; and, if so, how; and [HL2809]
How many applications for winter fuel payments have so far been refused for the lack of an original birth certificate; and [HL2810]
In what percentage of the cases in which a winter fuel payment has been refused for lack of an original birth certificate, prosecutions for fraud have been brought or are under consideration; and [HL2811]
What saving has so been achieved through the denial of winter fuel payments to those who have produced an original birth certicate; and what saving over a full year has been budgeted for such refusals; and [HL2836]
What is their legal authority for accepting only original birth certificates with applications for winter fuel payments and refusing to accept certified copies. [HL2837]
§ The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)There are two main criteria that are applied to determine eligibility for a winter fuel payment.
First, the person must be aged 60 or more in the relevant qualifying week and second, the person must be ordinarily resident in Great Britain. Adequate proof of age is therefore essential to ensuring that public money is being properly spent.
Birth certificates, as certified copies of entries made by law concerning the date of birth of an individual, are the most effective means of verifying birth dates with regard to winter fuel payment claims. They are classed as primary evidence. However, a photocopy of a birth certificate can be accepted if it has been issued and endorsed by the appropriate authority, or has been notarised and stamped by any one of the following:
- an established civil servant;
- a member of the Foreign Service of the United Kingdom, Her Majesty's Overseas Civil Service, or a British Diplomatic or Consular Officer;
- a doctor or surgeon registered under the law of the country where the event occurred;
- a minister of religion;
- a barrister, solicitor or advocate who is authorised to practise in the country where the event occured;
- a notary public* or any other person allowed to administer oaths in the country where the declaration is made.
- a magistrate;
- an officer of a bank who is authorised to sign documents on its behalf.
If, for whatever reason, it is not possible for someone who wishes to claim a winter fuel payment to locate their birth certificate, or if they do not possess 35WA one, then the department would ask for two pieces of secondary evidence. Secondary evidence includes items within the list below, which is not exhaustive:
- a passport;
- a certificate of baptism;
- a certificate of confirmation;
- a certificate of marriage;
- a certificate of adoption;
- a National Health Service medical card;
- a certificate of naturalisation, alien's registration card, Home Office travel document;
- a certificate of service in HM forces;
- a certificate of employment under the Crown;
- a certificate of service in the mercantile marine;
WA36 - a certificate of membership of a trade union or friendly society;
- apprenticeship indentures;
- an early certificate or testimonial from an employer;
- life insurance policy;
- membership cards or papers of an approved society or unemployment insurance.
A claim to a winter fuel payment would not be refused on the basis of it not being accompanied by an original birth certificate. There are therefore no budgeting savings. There is also no question of any fraud investigation or prosecution being instigated because someone fails to provide such evidence.
*A notary public (or notary) is a public official, usually a solicitor, whom the law allows to certify documents.