The £300 Winter Fuel Payments could be reinstated for millions of pensioners thanks to a legal challenge. 10 million pensioners are expected to lose the energy bill benefit after the Government decided to make it means tested.
But a judicial review has been launched in the Court of Sessions, Scotland’s highest court, by Govan Law Centre. Govan Law Centre argues that the Government did not carry out a detailed equality impact assessment. This law requires public bodies to consider how their decisions and actions will affect people with different “protected characteristics” – this includes age and disability.
The case is being brought on behalf of pensioners Peter Fanning and Florence Fanning, and could stand as a test for many more people. Mr Fanning said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction, of damaging the welfare of pensioners.
“We are hoping to be successful, given the manifest injustice involved, however, my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”
Rachel Moon, a solicitor for Govan Law Centre, shared: “Quite simply, [the 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.”
The petitioners were supported by former First Minister, Alex Salmond and former MP, Tasmina Ahmed-Sheikh. A Government spokesperson said: “[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.