Legal case to overturn £300 winter fuel payment axe update as pensioners say 'it's ludicrous'

Couple behind legal challenge could get Rachel Reeves change which stops 11 million getting heating cash delayed for a year or even overturned

The pensioners who are taking the government to court in a bid to get the winter fuel payment axe overturned have given an update. Their case, if successful could see at the least the policy delayed for a year meaning people would get the £200 to £300 boost in 2024, according to financial expert Martin Lewis.

Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre against the Scottish Government and the UK Work and Pensions Secretary over the policy. Chancellor Rachel Reeves caused outrage by axing the benefit for around 11 million people, with it only being available to those claiming Pensions Credit.

Peter and Florence appeared on Good Morning Britain to give an update, and host Ed Balls asked: “Of course you don’t want to have to do this through the courts, do you? You want the government to listen. If Rachel Reeves, the Chancellor of the Exchequer is listening to our programme right now, what would you say to her she should do now to sort this out?”

Peter, 73, replied: “I think there’s got to be a backtrack and totally think out the whole thing. Pensioners are people who plan ahead. I don’t know any pensioner that doesn’t plan ahead. You plan ahead for people’s birthdays, for Christmas, for your winter fuel, for all those things. That’s what pensioners do because they know they’re on a limited fund.

“That choice has been taken away from those pensioners because everyone was expected. Yeah, I’ve got 300 pounds. I don’t need to worry about my winter bill and all of a sudden that 300 pounds has disappeared out of everybody’s now, that to say that some people are deserving and other people are not without actually carrying out an assessment. To me, it’s ludicrous. It’s also an injustice, and that’s why I’m fighting it.”

Susanna said: “Peter mentions that he has he’s had a heart attack. He’s got heart problems. Asthma, suffers from anaemia. You suffer from diabetes. These are significant health problems that, of course, affect how you need to look after yourself during the winter. You’re in a part of the country where the winters hit harder. If you’re unsuccessful and the governments go ahead with this winter fuel payment cut, what sort of changes will you have to make this winter?”

Florence said: “Well, I just find you’re either heating or eating. You can’t afford the bills. I mean, the cost of living rise in the shops, your groceries are expensive. Your electricity and gas are expensive. There’s a lot of people out there that are not going to find the money to pay these.”

He explained that having a workplace pension meant he was being ‘punished’ by the government, as he doesn’t qualify for the winter fuel payment now. Peter explained: “When I was working, I was encouraged to join a pension fund to save for my old age, retirement, so that I would have a quality of life. It now seems that the government’s punishing me for having that pension and taking things off.

“During the winter, Florence and myself would make soup maybe twice up to three times a week and the grandkids would come and visit us. We’re actually frightened to put the cooker on just now.”

The judicial review – which has been raised at the Court of Session – now requires a judge’s approval to move to a hearing on the merits, with the Govan Law Centre seeking to expedite both the case and its application for legal aid to ensure a decision can be handed down before the winter.

The case asks the court to rule on whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all. The case’s argument rests on the accusation both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.

Rachel Moon, the instructing solicitor and a partner at Govan Law Centre, said: “Quite simply, (government) should have considered this rigorously. This policy and the decisions taken affect those with protected characteristics, including age and disability, and it affects 10 million people.”

A spokeswoman for the UK Government previously said: “We are committed to supporting pensioners, with millions set to see their full new state pension rise by £1,700 this Parliament through our commitment to the triple lock.

“Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most. Over a million pensioners will still receive the winter fuel payment, while many others will also benefit from the £150 warm home discount to help with their energy bills over winter.”