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Union launches legal action over winter fuel payment cut

28 Nov 2024 3 minute read
An elderly lady with her electric fire on. Image: Peter Byrne/PA Wire

A major trade union has launched legal action against the UK Government over the Chancellor’s decision to means test winter fuel payments.

Unite claimed the Government did not follow the correct procedure in making the decision, which will see around 10 million pensioners miss out on the benefit.

The union had threatened legal action earlier in November and announced on Thursday that it had applied to the High Court for leave to proceed with a full judicial review after receiving an “unsatisfactory” response to its demand that the Government reverse its decision.

‘Wrong’

Sharon Graham, Unite’s general secretary, said: “Labour’s decision to pick the pocket of pensioners was wrong on every level. The government has been given every opportunity to reverse its decision and it has failed to do so.

“This is a rushed, ill-thought-out policy and the government clearly failed to follow the proper legal measures before executing it. With winter approaching the courts must now hold the government to account and reverse this cruel cut as quickly as possible.”

The union said it hoped the court would grant an urgent hearing on its case in the context of “worsening weather conditions and dropping temperatures”.

In its pre-action letter, the union said it believed the Government had breached its legal duties by not referring the cut to the Social Security Advisory Committee (SSAC) and by failing to consider the impact on disabled people, among other grounds.

Regulations

Ministers are not required to refer regulations on benefits to the SSAC if they are a matter of “urgency”, something the Government relied on when implementing the winter fuel cut.

The Government also conducted an “equalities analysis”, which was released under the Freedom of Information Act, but has been criticised for not carrying out a full impact assessment of the policy.

The bid for a judicial review will further strain relations between the Government and Unite, which has been one of Labour’s main donors but grown increasingly distant from the party since Sir Keir Starmer became leader.

The Government was unable to comment on ongoing legal cases, but a spokesperson said it was “committed to supporting pensioners” and urged people to check if they were eligible for pension credit.

They added: “Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take up has seen applications more than double with over 40,000 more pensioners now receiving pension credit, and the winter fuel payment.”


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Y Cymro
Y Cymro
15 hours ago

With the SNP government recently announcing that all pensioners in Scotland next year will receive winter fuel payment allowance ranging between £300 & £100, again Wales is the poor relation being shackled to England’s coattails. Whether it’s our underfunding. Devolution deficit. University fees injustice where Welsh students pay £9,250 per annum compared to their Scottish counterparts who pay none. The England & Wales HS2 consequential insult where England gets the three lions share of infrastructure build, Scotland & NI billions and Wales nothing because it was put cynically as an England & Wales build. Also add other powers & levers… Read more »

Last edited 15 hours ago by Y Cymro
David
David
10 hours ago
Reply to  Y Cymro

Scotland is able to pay the winter fuel payments because they have the funds from the Crown Estates which has been devolved to them.

So, all pensioners and those nearing pensionable age should think whether undying loyalty to the monarchy is justified because of the Crown Estates.

Mab Meirion
Mab Meirion
2 minutes ago

Duty of Care !

Chin up those who won’t make it through the winter, a penny saved…

Lets hope for a mild winter…

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