Major update issued on legal fight to reinstate Winter Fuel Payments for all pensioners

A major update has been issued on a legal fight which could see reinstated for millions of pensioners.

Winter Fuel Payments used to be available to everyone over state pension age - but now, following a change announced by Labour Chancellor , you must be in receipt of means-tested benefits, such as . It means around ten million fewer pensioners will receive a Winter Fuel Payment, which is worth up to £300 depending on your circumstances.

Following the announcement, a judicial review was launched by Govan Law Centre (GLC) in the Court of Session in on behalf of a pensioner couple who are now not eligible for the Winter Fuel Payment. The court case will argue that the Government failed to properly assess how the changes to the Winter Fuel Payment would affect state pensioners.

The Department for Work and Pensions did publish a "High Level Equality Analysis" into its Winter Fuel Payment changes and said it "followed its legal and statutory duties ahead of introducing these changes" - but GLC claims this analysis does not meet the requirements of the Equality Act 2010.

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Under the Equality Act 2010, public bodies must consider how their decisions will impact people with different "protected characteristics" - this includes age and disability. GLC also argues that the Government failed to properly consult people of state pension age about the changes.

Govan Law Centre said the permission to proceed with the legal case as granted by Lady Hood in Edinburgh last week. A procedural hearing will take place on December 4, with a substantive one-day hearing to follow on January 15. If the legal case is successful, the court could order the Government to do a full impact assessment and this could be applied in England, Wales and Northern Ireland. However, it is not guarantee that it will definitely be successful.

A spokesperson for Govan Law Centre said: "Our clients are delighted that the court has granted permission for their judicial review challenge to proceed to a full hearing in early January. We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings. If civil legal aid is granted we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course."

A UK Government spokesperson said: "We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1,700 this Parliament through our commitment to the triple lock. Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take-up has already seen a 152% increase in claims. Many others will also benefit from the £150 warm home discount to help with their over winter."

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