Legal Challenge to Winter Fuel Payment Policy to be Heard in Court
A legal challenge concerning the Winter Fuel Payment policy is set to be heard in court this week, as reported by Wales Online. The dispute revolves around the UK Government’s decision to limit Winter Fuel Payments to pensioners on means-tested benefits. The case will be brought forward by a couple, Peter and Florence Fanning, with the final hearing scheduled at Edinburgh’s Court of Session on Wednesday, January 15.
The changes in eligibility criteria for the 2024-25 Winter Fuel Payment were announced by the Labour Government after their General Election win in July. These changes mean that over 10 million State Pension age individuals will not receive the payment, unless they are receiving Pension Credit, Tax Credits, or Universal Credit for mixed-age couples. The payment amounts to up to £300 and will be distributed before January 29, 2025.
Joanna Cherry KC, a former SNP MP who returned to legal practice in October, is part of the legal team challenging the decision. The team aims to overturn the UK Government’s policy change, arguing that it unjustly affects a significant portion of pensioners. Govan Law Centre initiated legal action with support from the Scottish Government and UK Work and Pensions Secretary due to the controversial decision that restricted Winter Fuel Payments.
In Scotland, plans were in place for the Scottish Government to take over a similar benefit—the Pension Age Winter Heating Payment—via Social Security Scotland. However, these plans have since been delayed. Starting winter 2025-26, all pensioners in Scotland will be entitled to at least £100, with further amounts for those on means-tested benefits depending on their age and household circumstances.
The lawsuit focuses on the legality of the decision and aims to convince the court to reverse the policy change. A key argument is the lack of proper engagement with State Pension age individuals by both the Scottish and UK governments regarding the modifications, as well as the absence of an adequate equality impact assessment. An FOI request revealed that the Department for Work and Pensions only conducted a partial assessment, while the UK Government claims a comprehensive study was unnecessary.
Approval to proceed with the lawsuit was granted by Lady Hood in Edinburgh on October 24, indicating that the case presents a reasonable chance of success based on relevant laws. Mr. Fanning, representing the couple, declared their intention to challenge both the London and Scottish governments for their impact on pensioners’ welfare. Despite uncertainties about the outcome, Mr. Fanning believes in fighting for what is right.
Both the UK and Scottish governments have shared their positions on the matter. The UK Government expressed its commitment to supporting pensioners, highlighting the rise in state pension and other benefits. Meanwhile, the Scottish Government refrained from commenting on the ongoing legal proceedings.
The legal battle over Winter Fuel Payments highlights the complexities of social welfare policies and the rights of pensioners. As the case unfolds in court, it will be interesting to see how the arguments and evidence presented by both sides shape the future of Winter Fuel Payments for pensioners across the UK. Stay tuned for further updates on this significant legal challenge.