Winter fuel payments could return for millions as new legal fight launched against cuts
WINTER fuel payments could return for millions after a legal challenge was launched against cuts to the benefit
If it succeeds, over 10million households that have lost the £300 a year top-up could see the help return.
Two pensioners, Peter and Florence Fanning, are seeking to take the Scottish and UK governments to court over the cut to the winter fuel payment.
Mr and Mrs Fanning of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre (GLC).
In the past the winter fuel payment, worth up to £300, 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.
Mr and Mrs Fanning have now raised a judicial review at Scotland’s highest court, the Court of Session, asking it to rule on whether the decision was unlawful.
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 no guarantee that such legal action will succeed.
Speaking at a press conference in Edinburgh on Thursday, Mr Fanning, 73, 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.”
The DWP has been contacted for comment.
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.”
However, 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.
What is pension credit and how do I apply?
PENSION credit tops up your weekly income to £218.15 if you are single or to £332.95 if you have a partner.
This is known as “guarantee credit”.
If your income is lower than this, you’re very likely to be eligible for the benefit.
However, if your income is slightly higher, you might still be eligible for pension credit if you have a disability, you care for someone, you have savings or you have housing costs.
You may get extra amounts if you have other responsibilities and costs.
Pension credit opens the door to other support, including housing benefits, cost of living payments, council tax reductions, the winter fuel payment and the Warm Home Discount.
You can start your application up to four months before you reach state pension age.
Find out more by visiting gov.uk/pension-credit/how-to-claim.