Major DWP Showdown: £300 Winter Fuel Payment Cut Branded ‘Unlawful’ Ahead of Crucial Ruling
A significant legal battle is underway in Scotland’s highest court over the UK Government’s decision to cut the Winter Fuel Payment, a benefit that provides financial support to pensioners during the winter months.
The case, brought by a couple in their 70s, John and Margaret Fanning, alleges that the government failed to properly consult with pensioners or conduct adequate equality impact assessments before implementing the cuts. The Fannings argue that the decision was “irrational” and breached their human rights, and they are seeking to have the policy overturned and the payment restored for all affected pensioners.
The Winter Fuel Payment, worth £300, was means-tested last year, leaving thousands of pensioners without the vital support. The Fannings, who suffer from health issues, claim the cuts have left them struggling to afford heating during the winter. John Fanning told BBC Scotland News that he is “frightened” to turn on the central heating due to rising energy costs, with their gas bill doubling and their electricity bill nearly doubling in the past two years. The couple now limits their heating to just one hour a day and has switched to using an air fryer to save on electricity.
Joanna Cherry KC, representing the Fannings, argued in court that the government’s decision was “unlawful for reasons of irrationality and unreasonableness.” She highlighted that the UK Government was aware the cuts would lead to “significant excess winter deaths” and push 100,000 pensioners into relative poverty, with 50,000 falling into absolute poverty. Cherry also pointed out that both the UK and Scottish governments failed to meet their obligations under equality laws by not conducting proper impact assessments before making the changes.
The Department for Work and Pensions (DWP) defended its position, stating that it remains committed to supporting pensioners through measures like the triple lock, which will increase the state pension by up to £1,900 over the current parliament. The DWP also noted that many pensioners will continue to receive support through the Warm Home Discount and an extended Household Support Fund. Meanwhile, the Scottish Government emphasized that its Pension Age Winter Heating Payment will provide universal support to all pensioner households next winter, with additional payments of £58.75 being issued to low-income households.
The outcome of the case could have far-reaching implications, potentially restoring the Winter Fuel Payment for millions of pensioners across the UK if the court rules in the Fannings’ favor. The hearing at the Court of Session in Edinburgh is expected to last two days, with John Fanning stating that he is pursuing the case to “give a voice” to other pensioners affected by the cuts.
