Millions could have their Winter Fuel Payments reinstated

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.

According to a Money Saving Expert article shared by Martin Lewis on X, the legal claim alleges that the government did not follow the correct procedure before making the decision.

Millions of pensioners could have the Winter Fuel Payments reinstated if legal challenge is successful

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.

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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 court could then void the regulations until it carries out a full impact assessment.

However, it is thought that the government would not have enough time to do this before the payments are due to be made in November and December.