A type of legal claim known as a judicial review has been launched at the Court of Session in Scotland on behalf of a pensioner couple who, under the new rules, would be ineligible for the payment.
Despite the case being raised in Scotland, the outcome of this could affect England, Wales and Northern Ireland.
Under the 2010 Equality Act, public bodies, including lawmakers, have a duty to consider the impact of their decisions on ‘protected characteristics’ which include age and disability.
The central argument of the case, which is being presented by the Govan Law Centre (GLC), is that the government failed to comply with this.
The GLC states that the government did not carry out a detailed equality impact assessment as required before restricting the Winter Fuel Payment.
While the government claims that it published a ‘High-Level Equality Analysis,’ the GLC contends that this does not meet the requirements of the Equality Act.
It states that there was no “proper assessment” of the risks associated with the new rules.
If the court rules that the government did not fulfil its duties under the Equality Act, then the decision to limit payments could be ruled unlawful.
The Government was asked by Labour’s Rachel Maskell if they had asked the Chief Medical Officer to carry out an impact assessment of introducing means-testing for the Winter Fuel Payment.
Responding to the question, Andrew Gwynne, Parliamentary under-secretary for the Department of Health and Social Care, said: “We will continue to stand behind vulnerable households this winter. Support includes delivering the £150 Warm Home Discount for low-income households from October 2024, extending the Household Support Fund with £421 million, to ensure local authorities can support vulnerable people and families, and ensuring around 1.3 million households in England and Wales will continue to receive up to £300 in Winter Fuel Payments.
“Through our commitment to protect the triple lock, over 12 million pensioners will benefit, with many expected to see their State Pension increase by more than £1,000 over the next five years.
“The fuel poverty strategy for England, Sustainable warmth: protecting vulnerable households in England, was published in February 2021.
“The 2021 strategy is currently under review. The Department of Health and Social Care works closely with the Department for Energy and Net Zero to ensure that fuel-poor and health-vulnerable households are supported.”
Winter Fuel Payment protests
A protest is to be held outside Parliament on Monday to highlight opposition to the Government’s controversial decision to scrap the winter fuel allowance for pensioners.
The Unite union is joining forces with the National Pensioners Convention and Scottish Pensioners Forum for what they describe as a mass lobby.
Unite members and activists from other community groups will join the event near Parliament Square and be addressed by the union’s general secretary, Sharon Graham, as well as other speakers.
Ms Graham said: “The Government’s winter fuel policy needs to be reversed. Picking the pockets of pensioners is not a tough choice – it is a mistake.
“There is no reason why we have to choose between paying workers and keeping pensioners warm. Unite’s retired members are furious and will be making their voice heard.”
