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COST OF LIVING

Can British people in Austria claim the winter fuel payment from the UK?

It’s no secret that winter is set to be expensive with rising energy costs. But some British people in Austria might be able to access financial support through the UK benefits system.

Can British people in Austria claim the winter fuel payment from the UK?
Some British people living in Austria might be able to claim the winter fuel payment from the UK. (Photo by Suzy Hazelwood / Pexels)

In the UK, there are various benefits available to help eligible people through the cold winter months – one of which is the winter fuel payment.

And, as the rising cost of living in Austria takes a chunk out of household budgets, some British people are wondering if they can still claim this benefit while living in Austria.

To find out, we took a closer look at the rules for claiming the winter fuel payment from the UK while overseas.

FOR MEMBERS: What are the rules about turning on the heating in the workplace in Austria?

What is the UK’s winter fuel payment?

The winter fuel payment is a tax-free payment to help older people with heating costs during the cold winter months.

Eligible people are those born on or before 25th September 1956 who were living in the UK during the qualifying week (starting the third Monday in September).

How much people receive depends on their age and whether anyone else in the household is also eligible, but the amount is usually between £100 and £300.

Those living in a care home or nursing home only qualify for the benefit if they are already receiving pension credit, income-based job seekers allowance or employment and support allowance.

READ ALSO: EXPLAINED: What will happen to Austria’s property market in 2023?

I’m a UK national living in Austria. Can I claim the winter fuel payment?

As with most issues related to bureaucracy, the answer to the question above is: it depends.

Official guidance from the UK government states that you may be able to claim the winter fuel benefit from abroad if you are at least 68 years of age, live in Switzerland or an EEA country, have a genuine link to the UK (such as family) and you’re covered by the Brexit Withdrawal Agreement.

Additionally, having previously claimed the winter fuel payment in the UK before moving abroad is not a requirement.

So, in theory, some British people living in Austria will be able to claim this benefit from the UK, as long as they were already in Austria by 31st December 2020.

READ MORE: EXPLAINED: How does the Austrian pension system work?

However, only those that lived and worked in the UK for most of their life can claim the winter fuel payment, according to the online checker on the UK government website. 

This means if you moved to Austria for retirement and you meet the other criteria, then you probably will be eligible. But if you lived and worked in Austria for most of your adult life, maybe not.

How to claim the winter fuel payment?

To make a claim for this benefit for the first time, you will need to call the Winter Fuel Payment hotline on +44 (0)191 218 7777. The phone lines are open from Monday to Friday, 8am to 6pm (UK time).

Alternatively, you can apply by post by filling in the IPCF091 form.

To apply for the winter fuel payment, you will need to provide your National Insurance number and bank details. The authorities will also ask for a copy of the Article 50 Card to prove that you were living in Austria by 31st December 2020.

Find out more about the application process at the UK government website.

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For members

RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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