Winter Fuel Payments for millions of pensioners could be reinstated depending on the result of a game-changing legal battle that has been launched.
Earlier this year, Chancellor Rachel Reeves confirmed the energy bill benefit, which provides up to £300 in support, would be means-tested going forward in an attempt to balance the books.
This action by the new Labour Government has provoked outage from campaigners and charities with legal action now being taken.
A judicial review has been launched in the Court of Sessions, Scotland’s highest court, by Govan Law Centre on behalf of a pensioner couple who are now ineligible for the support.
In order to claim the Winter Fuel Allowance, older Britons now need to claim means-tested benefits from the Department for Work and Pensions (DWP), such as Pension Credit.
Despite the case being brought forward in Scotland, it could have an impact on those living in Scotland and Northern Ireland, where means-testing has been brought into effect.
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Pensioners have been hit hard by the cost of living crisis gbnewsThis is because the Court could strike down the UK-wide regulations which allowed the Winter Fuel Payment axe to be implemented.
As part of the Equality Act 2010, Government institutions have an obligation to examine how their actions will impact those with “protected characteristics” which can include age and disability.
Under the Govan Law Centre’s argument, Labour’s actions did not reflect their responsibility and the Government did not carry out a detailed equality impact assessment.
Reacting to a Freedom of Information (FoI) request, the DWP published an analysis on the reforms which stated: “[We have] followed its legal and statutory duties ahead of introducing these changes and will continue to do so.”
If the case is successful or the Government are found to not have followed procedural fairness, this would result in the decision to means-test being declared unlawful.
In this situation, the regulations put in place could be voided and the Government would be ordered to finally carry out a full assessment.
This would kick back the decision to means-test the Winter Fuel Allowance to where it was before Reeves’ initial announcement in July.
Essentially, payments would be reinstated for all pensioners this winter until the Government completes its court-ordered assessment.
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Households have struggled with the cost of living crisis in recent years
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Rachel Moon, a solicitor for Govan Law Centre, shared: “Quite simply, [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.”
A Government spokesperson previously told GB News: “[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.”
GB News has contacted the Treasury for comment.