The Winter Fuel Payment restrictions have been surrounded by controversy since it was first announced by new Labour Chancellor Rachel Reeves. The Chancellor tightened the eligibility criteria meaning millions would miss out on their usual £200 or £300 seasonal payment to heat their homes.
The means-tested approach will see eligibility hinging on other benefits, such as Pension Credit which is available to pensioners on a low income. This move will disqualify millions of Brits and save the government billions of pounds.
However, this could all be delayed until next winter thanks to the Govan Law Centre in Scotland which has launched a case for judicial review against the changes. Martin Lewis took to his titular BBC podcast to explain the technical legal matter that now has countless homes hanging in the balance.
He shared: “What they’re specifically challenging is that under the equality act of 2010, policymakers have a duty to consider how their decisions will affect different protected characteristics which include age and disability.”
The Centre is arguing that the government did comply fully with this, particularly that the equality impact assessment it carried out wasn’t sufficient. Martin continued to “cut through all the legals” of this “quite technical” venture.
He explained: “If this were to succeed, it could mean it forces the UK government, before the decision, to do an equality impact assessment. Which is not quick which would mean they could not impose the universal cut this year.”
The Money-Saving Expert highlighted that his interpretation and prediction for the case is that it “wouldn’t stop it but would postpone it for a year”. He also praised the Govan Law Centre for its particular track record of success in cases like these but highlighted there are some early concerns such as whether they will be able to get the funding to go ahead with the court case.