New Winter Fuel Payment update on legal bid to reverse cuts for all pensioners
A Scottish couple seeking to reverse the UK Government’s decision to only issue Winter Fuel Payments to pensioners on means-tested benefits will have their case heard in court this week. The final hearing in the legal challenge brought about by Coatbridge pensioners Peter and Florence Fanning, will take place in Edinburgh’s Court of Session on Wednesday, January 15.
More than 10 million people over State Pension age, including around 850,000 in Scotland, are missing out on the 2024/25 Winter Fuel Payment after the Labour Government announced changes to the eligibility criteria shortly after winning the General Election in July. Only those on Pension Credit, Tax Credits (with an annual award of at least £26), or Universal Credit (for mixed age couples) will receive the payment of up to £300 before January 29, 2025.
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Former SNP MP Joanna Cherry KC joined the legal team challenging the decision in November, aiming to overturn the UK Government’s policy change. Ms Cherry, who lost her seat in July’s General Election, returned to legal practice in October and is acting as senior counsel for the couple.
The proceedings were raised with the help of the Govan Law Centre against the Scottish Government and the UK Work and Pensions Secretary. The decision to restrict Winter Fuel Payments led to the Scottish Government - which was due to take control over a similar payment (Pension Age Winter Heating Payment) through the devolved Social Security Scotland but has since announced a delay - to follow suit.
However, when the new payments launches in winter 2025/26 all pensioners in Scotland will receive a minimum payment of £100 - those in receipt of means-tested benefits will receive either £200 or £300, depending on their age and household circumstances.
The case asks the court to rule whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the Winter Fuel Payment to all.
The case’s argument rests on the accusation that both governments failed to adequately consult with those of State Pension age on the change and did not release an equality impact assessment on the changes.
A Freedom of Information (FOI) request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK Government arguing a full study was not required.
Permission to proceed with the case was granted by Lady Hood in Edinburgh on October 24 and means the case has been assessed as having “a real prospect of success” in terms of the applicable legislation.
Speaking at a press conference at the launch of the challenge in September, Mr Fanning said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction of damaging the welfare of pensioners.
“We are hoping to be successful, given the manifest injustice involved, however my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome - I believe this is one such battle.”
After the announcement that a full hearing would be conducted on January 15, a UK Government spokesperson said: “We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1,700 this Parliament through our commitment to the triple lock.
“Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take-up has already seen a 152 per cent increase in claims. Many others will also benefit from the £150 Warm Home Discount to help with their energy bills over winter.”
A Scottish Government spokesperson said it would not be appropriate for it to comment on live legal proceedings.
To keep up to date with developments in this legal challenge, join our Money Saving Scotland Facebook group here.
