Martin Lewis has explained how all state pensioners could still get their £300 Winter Fuel Payment this year, if a legal challenge is successful.
The legal case accuses both the Scottish and UK governments of "damaging the welfare of pensioners" and says that both of the authorities failed to adequately consult with those of pension age before the alarming change was approved.
The shocking move, which has seen the vital benefit worth £200 to £300 scrapped for 10 million pensioners, has been labelled "grotesque" and "evil" by those affected. Under the change, only people with a means-tested benefit such as Pension Credit will be eligible for support.
However, Martin has since revealed that there could be a possible U-turn on the change, thanks to the case in Scotland. The money-saving expert posted on Twitter and said: “NEWS: Winter Fuel Payments could be reinstated for ALL pensioners this winter if new legal challenge succeeds.”
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In response, one user stated: "It should be reinstated…it’s a total disgrace..a brutal decision that won’t be forgotten by OAPS and their relatives." Another commented: "If only they had said they’d remove them next year. Giving us a chance to make plans to absorb the loss. It’s brutal the way it’s been rushed through."
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre against the Scottish Government and the UK Work and Pensions Secretary over the policy. Following Labour’s election win, Chancellor Rachel Reeves announced the Winter Fuel Payment – which had previously been universal – will only be available to those on Pension Credit or other means-tested benefits this year due to financial woes.
The decision led to the Scottish Government – which was due to take control over a similar payment through the devolved Social Security Scotland but has since announced a delay – to follow suit.
The judicial review – which has been raised at the Court of Session – now requires a judge’s approval to move to a hearing on the merits, with the Govan Law Centre seeking to expedite both the case and its application for legal aid to ensure a decision can be handed down before the winter. The case asks the court to rule on whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.
Speaking at a press conference in Edinburgh on Thursday, Mr Fanning, 73, 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.” The case’s argument rests on the accusation both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.
A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions ( DWP ), with the UK Government arguing a full study was not required. Former first minister and current Alba Party leader Alex Salmond was instrumental in putting the Fannings in touch with the Govan Law Centre ahead of the action being raised.
Speaking at the press conference on Thursday, Mr Salmond said every person in Scotland “should be grateful” to the Fannings for raising the action, which he said should have been taken forward by the Scottish Government in the first instance.
Pointing to analysis by the Labour Party in 2017 – which suggested 4,000 people could die if the winter fuel payment was cut – Mr Salmond claimed it would be “reprehensible” for the UK Government not to undertake an equality impact assessment because such a figure would be made public.
He added: “The Scottish Government, instead of meekly accepting this, should have challenged it. They should have stood up for pensioners and stood up for the people as opposed to meekly towing the line that was coming from Westminster.”
The former first minister added that while it would be “the most enormous humiliation” for the governments to lose the case: “I wonder is that as bad as the humiliation if the health service in Scotland and England can cope with the health impacts of what they’re doing?”
Rachel Moon, the instructing solicitor and a partner at Govan Law Centre, said: “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 said: “We are committed to supporting pensioners – with millions set to see their full new State Pension rise by £1,700 this parliament through our commitment to the triple lock. Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most. Over a million pensioners will still receive the Winter Fuel Payment, while many others will also benefit from the £150 Warm Home Discount to help with their energy bills over winter.”
