To ask the Minister for Communities to detail (i) how ordinarily resident in Northern Ireland will be evidenced for in terms of eligibility criteria for the Winter Fuel Payment, particularly for cross-border workers and pensioners temporarily in the Republic of Ireland during the qualifying week; and (ii) the appeals route where residency is disputed by the Department for Work and Pensions.

There is no statutory definition of what is ordinarily resident. Each case is decided on its own facts. Whether an individual is resident or ordinarily resident is primarily a question of fact and degree. Ordinary residence means: (i) residence in a place with some degree of continuity, apart from accidental or temporary absence; or (ii) residence according to the way in which a person’s life is usually ordered. For cross-border workers or pensioners temporarily in the Republic of Ireland, the key factor is whether Northern Ireland remains their normal home. Temporary absences (such as holidays or short stays) do not normally affect eligibility.

If a person disagrees with a decision made about the Winter Fuel Payment they can ask for a mandatory reconsideration, see

https://www.nidirect.gov.uk/appeal-benefits-decision#toc-1