DWP Winter Fuel Payments could be reinstated for 'all' after legal review

A legal challenge is set to be lodged against the Winter Fuel Allowance cut, state pensioners have been told. The new Labour Party government and the Department for Work and Pensions ( DWP ) face a legal backlash to the 'cruel' Winter Fuel Payment cut.

Unite, the UK’s leading union, has launched a judicial review process on behalf of the union and its retired members to overturn the government’s decision to cut the winter fuel payment to all but the poorest pensioners.

Unite has sent a pre-action protocol letter to Liz Kendal the secretary of state at the Department for Works and Pensions (DWP), requesting the government reverse the removal the Winter Fuel Payment and repeal the regulations introduced in August 2024. The DWP is the department responsible for the distribution of the Winter Fuel Payment.

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Unite general secretary Sharon Graham said: "Labour's decision to pick the pocket of pensioners was wrong on every level. The Government has been given every opportunity to reverse its decision and it has failed to do so.

Graham added: "This is a rushed, ill-thought-out policy and the Government clearly failed to follow the proper legal measures before executing it." She called for swift action, stating: "With winter approaching the courts must now hold the Government to account and reverse this cruel cut as quickly as possible."

Unite organiser Joshua Berlyne explained: "If the Government has a financial black hole to fill, they should tax the profits of these energy companies or add a wealth tax on the very richest in our society who can afford it." The pre-action notice was submitted on 29 October.

The government was given until 7 November to respond to the letter and reverse its decision. If it does not reverse its decision then Unite will seek leave of the High Court to mount a full judicial review.