DWP Winter Fuel Payment legal challenge being heard in court this week
A major legal fight which is challenging the Winter Fuel Payment cuts for millions of pensioners will be heard in court this week.
A legal case which was launched on behalf of Scottish pensioner couple Peter and Florence Fanning, who are no longer eligible for the Winter Fuel Payment, will be heard in the Court of Session this Wednesday, January 15. The couple are being represented by Govan Law Centre, who argue the Government did not properly assess how the changes to the Winter Fuel Payment would impact state pensioners.
The group claims the Department for Work and Pensions (DWP) did not meet the requirements of the Equality Act 2010 when it published a High Level Equality Analysis into the changes – something which the DWP denies. Under the Equality Act 2010, public bodies must consider how their decisions will impact people with different "protected characteristics" – this includes age and disability.
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In response to the allegations, the DWP argues that it "followed its legal and statutory duties" in relation to the Winter Fuel Payment changes. GLC also argues that the Government failed to properly consult people of state pension age.
If successful, the court could decide the Winter Fuel Payments changes were unlawful and this could, in theory, see them reinstated. It is unclear if a successful result could result in retrospective payments being made at a later date, as most payments have already been made for this winter.
The case is being heard in Scotland, but an outcome could also apply in England, Wales and Northern Ireland. It is not guarantee that the court case will be successful, and even if the Winter Fuel Payment changes are found to be unlawful, the Government could then be told to complete a new assessment, which could see them still restrict future Winter Fuel Payments for pensioners.
Separately, the Unite union has also launched a legal challenge against the Government to try to reverse the cuts. Winter Fuel Payments used to be available to everyone over state pension age – but now, you must be in receipt of means-tested benefits, such as Pension Credit. It means around ten million fewer pensioners receive a Winter Fuel Payment, which is worth up to £300 depending on your circumstances.
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.”
A UK Government spokesperson previously told The Mirror: "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% increase in claims. Many others will also benefit from the £150 warm home discount to help with their energy bills over winter."
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