All pensioners could see Winter Fuel Payments reinstated this year under legal challenge
A judicial review is currently under way in Scotland's highest court which, if successful, could see the Government forced to void the changes as it carries out an assessment
by Catherine Addison-Swan, Neil Shaw · ChronicleLiveWinter Fuel Payments could be reinstated for millions of pensioners this year as a legal challenge continues into the Government's scrapping of the support.
The new Labour Government announced in July that the payments would only be issued to those on Pension Credit or some other means-tested benefits, including Universal Credit. The change means that around 10 million people will miss out on the support of up to £300 this year, which was introduced in 1997 to help pensioners with the increased cost of heating their homes over winter.
The move was met with a strong backlash from many charities, with Caroline Abrahams, charity director at Age UK, describing it as "reckless and wrong" and saying it "spells disaster for pensioners on low and modest incomes". Parties including the Conservatives, Liberal Democrats and the Greens joined charities in calling for a U-turn - and now a judicial review has been launched in Scotland's highest court, reports the Manchester Evening News.
The case has been mounted in the Court of Sessions by Govan Law Centre (GLC) on behalf of a pensioner couple living in Scotland who will be ineligible for the Winter Fuel Payments this year due to the changes. GLC is arguing that the Government failed to carry out a detailed equality impact assessment, which requires public bodies by law to consider how their decisions and actions will affect people in protected groups.
Rachel Moon, a solicitor for Govan Law Centre, shared: "Quite simply, [the Government] should have considered this rigorously. This policy and the decisions taken affect those with protected characteristics, including age and disability, and it affects 10 million people."
However, the Government has reiterated that it believes it was the right course of action to "target support to those who need it most", with a spokesperson saying: "[We are] committed to pensioners: protecting the triple lock, keeping energy bills low through our Warm Homes Plan, and cutting NHS waiting lists - bringing real stability to people's lives."
If the case succeeds, and the court finds that the Government did not fulfil its duties under the Equality Act 2010, it could rule that its decision to restrict Winter Fuel Payments was unlawful and order the Government to void the changes while it carries out a full impact assessment. While this could lead to the same outcome, it's thought that the Government would not have time to finish its assessment before payments are due to be made in November and December, meaning the support could be reinstated for all pensioners this year.
MoneySavingExpert founder Martin Lewis previously said of the case on BBC Radio 5 Live: "If this were to succeed - and there's quite a track record in Scotland of this type of thing going through to challenge Government decisions - it could mean it forces the Government [...] to do an equality impact assessment, which is not quick.
"That would mean they could not impose the universal cut this year, so it would delay it. This is my interpretation: it wouldn't stop it happening, but it would postpone it for a year."
He added: "Of course, this is a legal case, so the chances of success depend on who you listen to. The Govan Law Centre think they've got a decent chance of success of getting this through. [So] there are decisions that need to be made. But it is a very interesting turn in the tale."
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