Martin Lewis' MSE issues update over £300 Winter Fuel Payment being saved

Martin Lewis' Money Saving Expert has issued an urgent update over the £300 Winter Fuel Payment being challenged in court. A charity has launched legal proceedings against the Labour Party government, aiming to reverse its decision to restrict Winter Fuel Payments to those on certain benefits.

MSE said: "Update: 21 November 2024: Govan Law Centre's legal challenge has been given permission to proceed by the Scottish courts. However, the full hearing has been scheduled for 15 January 2025. This means that – even if successful – it'll be too late to stop the cuts from happening this winter.

"It's not yet clear what could happen if the case succeeds in January – for example, whether the Government might have to make retrospective payments. We've asked Govan Law Centre and we'll update this when we know more."

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Govan Law Centre said the permission to proceed, which was granted by Lady Hood in Edinburgh on Thursday, means the case has been assessed as having “a real prospect of success” in terms the applicable legislation. A spokesperson for Govan Law Centre said: “Our clients are delighted that the court has granted permission for their judicial review challenge to proceed to a full hearing in early January.

“We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings. If civil legal aid is granted we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course.”

Alba Party acting leader Kenny MacAskill said: “Alba Party very much welcomes this decision. Alex Salmond was a champion of this campaign and had been fully supportive of the Fannings in their case vs the Scottish and UK governments.

“The Scottish Government should have been standing up for Scotland’s pensioners against Westminster cuts, instead they will now be standing shoulder to shoulder with the UK Labour Government in court against the pensioners of Scotland.”