Winter Fuel Payment legal challenge - millions could be owed £300

A legal challenge has been launched over the Government's changes to the Winter Fuel Payment, which means millions of pensioners may not receive the payment this winter

A new legal challenge could potentially reinstate Winter Fuel Payments for millions of pensioners. These payments, worth up to £300, were previously available to everyone over state pension age.

However, now they are only accessible to those receiving means-tested benefits like Pension Credit. This change implies that approximately ten million fewer pensioners will receive a Winter Fuel Payment this winter.

The announcement, confirmed by Labour Chancellor Rachel Reeves, has drawn criticism from charities who fear that many pensioners may not be able to afford heating their homes this winter. A judicial review has been initiated by Govan Law Centre (GLC) in the Court of Session in Scotland.

If successful, the outcome could also apply in England, Wales and Northern Ireland. Here's what you need to know.

The legal case was brought forward by GLC on behalf of a Scottish pensioner couple who are no longer eligible for the Winter Fuel Payment. GLC alleges that the Government failed to adequately assess the impact of the changes to the Winter Fuel Payment on state pensioners, reports the Mirror.

The Department for Work and Pensions did publish a "High Level Equality Analysis" into its Winter Fuel Payment changes and stated it "followed its legal and statutory duties ahead of introducing these changes". However, GLC contends that this analysis does not fulfil the requirements of the Equality Act 2010.

Under the provisions of the Equality Act 2010, public service providers are required to assess how their policy decisions affect individuals with varying "protected characteristics", among them age and disability. The GLC contends that the Government neglected to engage in proper consultation with those at state pension age about recent changes.

What would transpire if the legal challenge is successful?

There is no certainty that a successful legal case will ensure the reinstatement of Winter Fuel Payments. However, if the court finds the modifications to Winter Fuel Payments illegal, they could mandate that the Government carry out a comprehensive impact analysis.

Given the limited timeframe before payments are scheduled for November and December, a successful court order could result in all state pensioners receiving their payments this winter. GLC is currently pushing to expedite the legal process.

It remains unclear what implications a favourable ruling might have on future Winter Fuel Payments. Regarding the alterations to the Winter Fuel Payment scheme, it was previously awarded to those above state pension age, but eligibility now hinges on receiving means-tested support such as Pension Credit.

To qualify for a Winter Fuel Payment, one must be over the state pension threshold and claimed certain benefits between September 16 and September 22, 2024. The value of the Winter Fuel Payment is also under question.

The value of the Winter Fuel Payment is determined by age and living circumstances. Individuals born between September 23, 1944, and September 22, 1958, are eligible for £200 if they either live alone or with someone else with a similar date of birth.

A £300 payment is available to those living alone and born before September 23, 1944, or in a household where one or both individuals were born before this date.

A Government spokesperson told The Mirror: "We are committed to supporting pensioners – with millions set to see their full new State Pension rise by £1,700 this parliament through our commitment to the triple lock. Given the dire state of the public finances we have inherited, it's right we target support to those who need it most."

"Over a million pensioners will still receive the Winter Fuel Payment, while many others will also benefit from the £150 Warm Home Discount to help with their energy bills over winter."