New Winter Fuel Payment update as union threatens legal action over cuts to 10 million pensioners
The trade union Unite has threatened legal action over the UK Government’s decision to scrap universal Winter Fuel Payments for nearly 12.7 million State Pensioners. Around 10m pensioners will no longer receive the annual one-off payment of up to £300 after the Labour Government announced that in a bid to save money, only those over 66 on means-tested benefits such as Pension Credit would be eligible.
Ministers said the move was necessary to help fill a £22 billion “black hole” they claim the previous government left in this year’s spending plans. However, Unite said it believed the cut to Winter Fuel Payments would have a “terrible effect” on millions of pensioners and demanded the UK Government reverse its decision or face a judicial review.
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Following the policy change, some 1.5m people over State Pension age, including over 125,000 in Scotland, will still be eligible for the heating bill help, which is due to be issued before the end of next month. The Department for Work and Pensions (DWP) recently confirmed that letters are being issued to all pensioners advising them of their eligibility - Scots are due to receive their letter this month.
Unite general secretary Sharon Graham said: “People do not understand, I do not understand how a Labour Government has taken away the fuel allowance of millions of pensioners just as winter approaches. Given the failure to rectify this in the Budget, Unite has now commenced judicial review proceedings challenging the legality of the policy.
“It is not too late for Labour to register the hurt that this cruel policy has caused, step back from picking the pockets of pensioners and do the right thing.”
The union said it believed the Labour Government had breached its legal duties by not referring the cut to the Social Security Advisory Committee (SSAC) and by failing to consider the impact on disabled people, among other grounds.
Ministers are not required to refer regulations on benefits to the SSAC if they are a matter of “urgency”, something the UK Government relied on when implementing the Winter Fuel Payment policy change.
The Government also conducted an “equalities analysis”, which was released under the Freedom of Information Act, but has been criticised for not carrying out a full impact assessment of the policy.
Unite has given theLabour Government until Thursday, November 7 to respond to a pre-action letter sent last week and reverse the cut, otherwise it would request permission from the High Court for a full judicial review.
The push for a judicial review of the policy will further strain relations between Labour and Unite, which had previously been a significant donor to the party. The union has already expressed opposition to the Winter Fuel Payment cut, staging a protest outside this year’s Labour Party conference over the issue.
A Government spokesperson to the Press Association: “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. While many others will also benefit from the £150 Warm Home Discount to help with their energy bills over winter.”
The latest figures from the DWP suggest there are 760,000 pensioners entitled to Pension Credit, yet are not claiming it. Some older people think because they have savings or own their home they would not be eligible for the means-tested benefit, which can also provide access to help with housing costs, heating bills and Council Tax.
An award of just £1 per week is enough to unlock other support. New claims made before December 21, 2024 which later turn out to be successful will also be entitled to a backdated Winter Fuel Payment.
How to check eligibility for Pension Credit
Older people, or friends and family, can quickly check their eligibility and get an estimate of what they may receive by using the online Pension Credit calculator on GOV.UK here.
Alternatively, pensioners can contact the Pension Credit helpline directly to make a claim on 0800 99 1234 - lines are open 8am to 6pm, Monday to Friday.
Expert help and advice is also available from:
More details about claiming Pension Credit can be fond on GOV.UK here.