Winter Fuel Payment challenge explained as millions of pensioners could keep £300

A benignant of ineligible assertion known arsenic judicial reappraisal into the Winter Fuel Payment changes has been launched by Govan Law Centre (GLC) successful the Court of Session successful Scotland

Millions of pensioners could spot their Winter Fuel Payment reinstated if a caller ineligible situation is successful.

Winter Fuel Payments are worthy up to £300 and utilized to beryllium disposable to everyone who is implicit authorities pension property - but now, you indispensable beryllium successful receipt of means-tested benefits, specified arsenic Pension Credit. This alteration means astir 10 cardinal less pensioners volition person a Winter Fuel Payment this winter.

The update, which was confirmed by Labour Chancellor Rachel Reeves, sparked outrage from charities, who warned that millions of pensioners whitethorn present not beryllium capable to spend to vigor their homes this winter. A benignant of ineligible assertion known arsenic judicial reappraisal has been launched by Govan Law Centre (GLC) successful the Court of Session successful Scotland - but if successful, its result could besides past beryllium applied successful England, Wales and Northern Ireland. Here is what you request to know.

What is being claimed successful the Winter Fuel Payment ineligible case?

The ineligible lawsuit from GLC was raised connected behalf of a pensioner mates surviving successful Scotland who are present not eligible for the Winter Fuel Payment. GLC claims the Government failed to decently measure however the changes to the Winter Fuel Payment would impact authorities pensioners.

The Department for Work and Pensions did people a "High Level Equality Analysis" into its Winter Fuel Payment changes and said it "followed its ineligible and statutory duties up of introducing these changes" - but GLC argues this investigation does not conscionable the requirements of the Equality Act 2010.

Under the Equality Act 2010, nationalist bodies indispensable see however their decisions volition interaction radical with antithetic "protected characteristics" - this includes property and disability. GLC besides argues that the Government failed to decently consult radical of authorities pension property astir the changes.

What could hap if the ineligible lawsuit is successful?

It is not warrant that this ineligible lawsuit volition decidedly pb to Winter Fuel Payments being restored. If the ineligible lawsuit is successful, the changes to Winter Fuel Payments would beryllium deemed arsenic unlawful - the tribunal could past bid the Government to bash a afloat interaction assessment.

It's improbable the Government would person capable clip to implicit this earlier the payments are owed to beryllium made successful November and December - which would efficaciously mean each authorities pensioner would extremity up getting their payments this winter. GLC is looking to seeking to fast-track proceedings.

Again, adjacent if the lawsuit sees Winter Fuel Payments reinstated for this winter, it isn't wide what could hap for aboriginal payments beyond this.

How has the Winter Fuel Payment changed?

Previously, you utilized to person this outgo if you're implicit authorities pension age, but now, you indispensable to beryllium successful receipt of means-tested benefits including Pension Credit. You indispensable beryllium implicit authorities pension property and person been claiming 1 of the pursuing benefits betwixt September 16 and September 22, 2024 to get a Winter Fuel Payment:

• Income Support
• Income-based Jobseeker's Allowance
• Income-related Employment and Support Allowance
• Pension Credit
• Universal Credit

How overmuch is Winter Fuel Payment worth?

How overmuch the Winter Fuel Payment is worthy each depends connected your property and surviving arrangements. If you're eligible, you'll get £200 if:

• You unrecorded unsocial and you were calved betwixt September 23, 1944 and September 22, 1958

• You unrecorded with idiosyncratic and 1 oregon some of you were calved betwixt September 23, 1944 and September 22, 1958

You'll get a £300 Winter Fuel Payment if:

• You unrecorded unsocial and you were calved earlier September 23, 1944

• You unrecorded with idiosyncratic and 1 oregon some of you were calved earlier September 23, 1944

What was the DWP said?

A Government spokesperson told The Mirror: “We are committed to supporting pensioners – with millions acceptable to spot their afloat caller State Pension emergence by £1,700 this parliament done our committedness to the triple lock. Given the dire authorities of the nationalist finances we person inherited, it’s close we people enactment to those who request it most.

“Over a cardinal pensioners volition inactive person the Winter Fuel Payment, portion galore others volition besides payment from the £150 Warm Home Discount to assistance with their energy bills implicit winter.”