Former SNP MP Joanna Cherry KC has joined the court case seeking to overturn the UK Government’s cut to the Winter Fuel Payment. Ms Cherry, who lost her seat in July’s general election, returned to legal practice in October and will act as senior counsel in the action brought by Peter and Florence Fanning.
The Coatbridge pensioners are seeking to reverse the decision announced by Chancellor Rachel Reeves – shortly after Labour came into office – to remove the universality of the payment and only issue it to those over 66 receiving a means-tested benefit such as Pension Credit, Tax Credits (with an annual award of at least £26), or Universal Credit (for mixed age couples).
The proceedings were raised with the help of the Govan Law Centre against the Scottish Government and the UK Work and Pensions Secretary. The decision to restrict Winter Fuel Payments led to the Scottish Government – which was due to take control over a similar payment (Pension Age Winter Heating Payment) through the devolved Social Security Scotland but has since announced a delay – to follow suit.
More than 10 million pensioners will miss out on the annual heating bill help, which is worth between £100 and £300, including 850,000 Scots. Around 1.4m older people on Pension Credit, including 125,000 Scots will receive the payment this winter over November and December.
The case asks the court to rule 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.
Last week, the Court of Session gave the green light for the case against the Scottish Government and the UK Work and Pensions Secretary to go ahead, with a procedural hearing set for next month ahead of a full “substantive” hearing in January.
The case’s argument rests on the accusation that both governments failed to adequately consult with those of State Pension age on the change and did not release an equality impact assessment on the changes.
A Freedom of Information (FOI) request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK Government arguing a full study was not required.
Govan Law Centre said the permission to proceed, which was granted by Lady Hood in Edinburgh on October 24, means the case has been assessed as having “a real prospect of success” in terms of the applicable legislation.
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.”
Speaking at a press conference at the launch of the challenge in September, Mr Fanning said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction of damaging the welfare of pensioners.
“We are hoping to be successful, given the manifest injustice involved, however my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”
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 energy bills over winter.”
A Scottish Government spokesperson said it would not be appropriate for it to comment on live legal proceedings.
A procedural hearing has been assigned for December 4, with a substantive one-day hearing fixed for Wednesday January 15.