The legal fight for winter fuel payments

The winter fuel payment legal challenge is being heard in Scotland’s Court of Session on Wednesday (15 January).

The fight was launched in September by pensioners Peter and Florence Fanning, after losing their winter fuel payment last year when it became means tested.

Represented by Govan Law Centre, the Fannings argue that the government failed to properly assess the impact of these changes.

The Fannings claim that the Department for Work and Pensions (DWP) did not comply with the Equality Act 2010, which says public bodies must consider how their decisions affect people with protected characteristics – such as age or disability.

DWP is standing firm on their decision, stating they have followed their legal duties.

What’s at stake?

If the court sides with the Fannings, it could declare the payment cuts unlawful.

This might lead to reinstated payments. If this happens, the winter fuel payment, which is worth up to £300 a year, would be available to everyone above the state pension age once more.  

Whether this includes back payments is still unclear.

A broader impact

Despite being launched in Scotland, the outcome could make a difference across England, Wales and Northern Ireland.

There’s even a separate legal challenge from the Unite union to reverse these cuts.

Speaking at a press conference last year, Mr Fanning expressed his determination.

“Some battles are worth fighting regardless of the outcome,” he said.

Government's response

A government spokesperson highlighted their commitment to pensioners, referencing the rise in state pensions and various support measures like the warm home discount and household support fund.

Keep an eye on our blogs – we’ll be covering any updates and new information as it unfolds.