Huge update to legal fight over winter fuel payment cuts as millions set to lose £300 this winter

MILLIONS of pensioners will have to wait until after Christmas to hear about a legal fight against winter fuel payment cuts.

The case filed by the Govan Law Centre (GLC), which is assisting two Scottish pensioners to challenge the UK and Scottish government's decision to cut access to the benefit, has been given permission to go ahead and will be heard on January 15 2025.

Pensioners Peter and Florence Fanning have raised a judicial review at Scotland's highest court asking it to rule on whether the decision to limit access to the annual payments was unlawful.

The case, supported by the GLC, claims the government failed to follow due process by considering how the changes would impact people with 'protected characteristics' including age and disability.

The GLC has said the government failed to complete an adequate equality impact assessment and consult properly with those impacted.

If successful, more than 10million households that have lost the annual top-up of up to £300 could see the help reinstated.

In the past, the winter fuel payment was available to everyone aged 66 and above.

However, after Labour's election victory, Chancellor Rachel Reeves introduced cuts limiting winter fuel payment eligibility to those on Pension Credit or other means-tested benefits.

The decision led to the Scottish government to follow suit.

The challenge was given permission to proceed in October after being assessed as having "a real prospect of success", and a hearing date has been set for January 15 2025.

If the cuts are found to be unlawful, the petitioners could ask the court to set aside the policy and restore the winter fuel payment to all.

However, there's still no guarantee that such legal action will succeed.

Martin Lewis' Money Saving Expert has said the date of the hearing means that, even if successful, the challenge will be too late to see this year's payments reinstated.

But, there could be a possibility of retrospective payments or other amends.

Last month a crowd of demonstrators gathered outside Downing Street to protest the changes.

Amongst them were Robert Trewhella, a 68-year-old taxi driver from Cornwall.

He told The Sun: "It's cruel. I'm trapped in a cycle of deciding whether to work and live comfortably or suck it up and claim what little I can."

A UK Government spokesperson earlier 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% increase in claims.

";Many others will also benefit from the £150 warm home discount to help with their energy bills over winter."

Those missing out on this year's payment were delivered a further blow this morning when it was announced that energy bills will rise for millions of households at the start of next year.

What does the case argue

The case rests on the accusation that both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.

The GLC claims that the government did not adhere to the requirements of the Equality Act 2010.

According to the Act, public bodies are obligated to consider how their decisions and actions will impact individuals with various "protected characteristics", such as age and disability.

However, on September 13, the DWP did release its own equality impact assessment on target winter fuel payment, after receiving a Freedom of Information request on the matter.

In response to the request, the DWP said: "The government has followed its legal and statutory duties before introducing these changes and will continue to do so."

But, GLC claims that there was no "proper assessment" and that the research included in the impact assessment was inadequate.

Separately, the GLC also argues that the government had a legal duty to consult people of state pension age about the changes but failed to do so.

Will it succeed?

These court battles can often take many months, if not years and the chances of reaching a verdict before the winter is very slim.

However, if the court determines that the government failed to meet its obligations under the Equality Act 2010 or consult pensioners properly, the decision to limit the payments could be deemed unlawful.

In such a case, the court could annul the regulations that implemented the changes and mandate the government to conduct a comprehensive impact assessment.

This would revert the situation to its state before the policy was introduced, and winter fuel payments could be reinstated for all pensioners.

Again, the likelihood of this happening before winter is low.

It's not the first time people have challenged benefit rules.

Back in April 2021, two Brits launched a claim against the DWP on behalf of the 1.9million households on legacy benefits who did not receive a £20 a week uplift given to those on Universal Credit during the pandemic.

They argued that those on legacy benefits should have been granted the same uplift.

However, the court ruling that followed in February 2022 dashed hopes of a payout that could have been worth £1,500 in backdated benefits.

How have winter fuel payments changed?

Winter fuel payments are now limited to retirees on pension credit or those receiving certain other means-tested benefits.

Only individuals claiming the following benefits will be eligible for a winter fuel payment this year:

• Pension credit
• Universal Credit
• Income support
• Income-based jobseeker's allowance (JSA)
• Income-related employment support allowance (ESA)
• Child tax credit
• Working tax credit

To be eligible for this year's payment, you must have an active claim for the benefits mentioned above during the "qualifying week," which runs from 16 to 22 September (this week).

Most households automatically receive the winter fuel payment, including those on pension credit.

Over 800,000 households are thought to be missing out on pension credit, which unlocks their eligibility for this year's winter fuel payment.

If you don't apply for this year's payment by the end of the week, you might assume that you won't qualify.

However, thanks to a little-known loophole, this is not the case.

This is because new claims for pension credit can be backdated by up to three months.

This means that the absolute deadline to claim the benefit and qualify for this year's winter fuel payment is December 21.

Of course, if you fail to apply for the benefit before this date, you won't qualify for this year's £300

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