A judicial review has been mounted at the Court of Session in Scotland by Govan Law Centre (GLC) on behalf of a pensioner couple living in Scotland
Millions of pensioners could see their Winter Fuel Payments reinstated this winter as the governments is being taken to court over the cuts.
A judicial review has been mounted at the Court of Session in Scotland by Govan Law Centre (GLC) on behalf of a pensioner couple living in Scotland. The couple – called Peter and Florence Fanning from Coatbridge in North Lanarkshire – will not be getting the £300 energy bill support this winter after the changes announced in July.
The goal of the claim is to reverse the Government’s decision to only pay the £300 Winter Fuel Payment to pensioners claiming Pension Credit. Chancellor Rachel Reeves announced last month that only pensioners claiming Pension Credit or another means-tested benefit would receive the support payment this year. Originally, it was all Brits over the state pension age of 66.
GLC’s central argument in the case is that the government “failed” to comply with its legal duty when making changes to Winter Fuel Payment eligibility under the Equality Act 2010. This law requires public bodies – including lawmakers – to consider how their decisions and actions will affect people with different “protected characteristics” – this includes age and disability.
Specifically, GLC says that the government did not carry out a detailed equality impact assessment for the decision. The firm also argues that the government “failed” in its legal duty to consult people affected by the changes beforehand.
The Department for Work and Pensions (DWP) did conduct a “High Level Equality Analysis” before the move with the UK Government arguing a full study was not required. This was published in response to a Freedom of Information (FOI) request.
However, GLC says the analysis is “inadequate” as there was “proper assessment” of the risks of cutting the payments or the impact those losing them would face including what it means for their health and wellbeing this winter.
If the case is successful, and the court finds that the government didn’t fulfil its duties under the Equality Act – or didn’t follow procedures – then this could see the move as unlawful. According to the Money Saving Expert website, this could reverse the move with the court potentially ordering the government to do a full impact assessment on the move. This would cover all areas of the UK including Scotland, England, Wales and Northern Ireland.
Meaning, that the eligibility criteria would be the same as before they were changed meaning, the Winter Fuel Payment would be reinstated to millions of pensioners. However, this is not a guarantee and the case has only just begun although GLC says it’s seeking to fast-track proceedings.
Speaking to STV News in Edinburgh, 73-year-old Peter Fanning said: “I think this winter is looking bleak because [the cut] has come out the blue. Normally we’d have an opportunity to save for things like Christmas or whatever and we wouldn’t worry as much about the winter fuel bill but because it’s been taken off so quickly and so disastrously for us we are really going to suffer this winter and I think it’s going to affect my health.
“I’m anaemic, I have heart problems and I’m also asthmatic so coldness affects me badly and affects my bones. My blood doesn’t circulate right and I don’t make red blood cells so I do get cold very easily and in the winter it’s more so. So if I don’t heat my house I have to put on my bed socks, put the hot water bottle in and go to my bed. I don’t think that’s a good quality of life for anybody.”
The DWP has been contacted for comment.
