Can a legal tender stop the UK government's cruel plan to cut winter fuel benefits? | political news

A Scottish couple has filed a lawsuit challenging the UK government's decision to scrap an allowance that could have enabled at least 10 million older people to consume extra heating fuel in winter.

Following Labor's landslide victory in the UK general election on 4 July, one of the first decisions made by Chancellor of the Exchequer Rachel Reeves was to abolish the non-means-tested universal winter fuel payment of between £200 and £300 ($260 – $390), depending on the age of the recipient.

The government expects to save £1.3 billion ($1.7 billion) in the current tax year (2024-25) and £1.5 billion ($1.95 billion) in the following year. It is part of a wider attempt to plug a 22 billion pound ($28.58 billion) public finances gap inherited from the previous Conservative government. Labor inherited this.

Winter fuel allowance will now only be paid to pensioners receiving means-tested benefits such as Pension Credit. But critics say the process of applying for such benefits can be cumbersome and burdensome for seniors.

The decision, which applies to England and Wales, comes immediately after the Scottish National Party-led Scottish government in Edinburgh announced it would cut payments in August. As a result, the Scottish Government will save approximately 160 million pounds ($208 million) per year. We rely heavily on block grants from Westminster to fund Scotland's devolved departments and agencies.

So what are winter fuel payments and can they save them from being scrapped due to legal challenges?

What are winter fuel costs?

This is an allowance paid to people over state pension age in the winter to help with extra heating costs. People born between September 1944 and September 1958 will receive a one-off payment of £200 each winter, while those born before then will receive £300.

This allowance was introduced by Tony Blair's Labor government, which came to power in 1997. Some elderly people died from the cold during the winter because they could not afford to heat their homes.

Changes to the UK state pension age will see the age of those eligible to receive benefits rise from 65 in winter 2020-21 to 66 after winter 2021-22.

The current Labor government's decision to abolish the allowance universally means around 10 million pensioners in England and Wales will lose their annual supplement.

The government defended the decision, saying the payments were going to wealthy pensioners who did not need them. People who receive other means-tested benefits, particularly Pension Credit for the poorest, will continue to receive the Winter Fuel Payment.

What do critics say about the UK government's decision?

The poorest pensioners will still be able to claim benefits, but over-50s charity Age UK warned that Labor's decision would leave millions of pensioners with no money to fall back on.

The charity outlined three concerns: low-income people who do not receive pension credit; People with unavoidably high energy needs due to disability or illness; One million people who do not receive pension credit even though they are entitled to it.

Many older people who are eligible for pension credit don't apply for it because the application process is too cumbersome and it can take months for their applications to be processed, experts say.

The Age UK petition calling on the UK government to reverse the decision has already garnered more than 561,000 signatures.

On October 9, Conservative MP Victoria Atkins, shadow health and social care secretary, also warned about X. Many pensioners will be forced to choose between heating and eating if Labor decides to cut winter fuel prices.

Campaigners warn that if winter fuel payments are restricted, deaths of older people in winter will increase.

A 2015 study by Age UK found that the Winter Fuel Payment helped prevent the deaths of 12,000 UK pensioners each year. A 2022 Institute of Health Equity report suggested that poverty was still directly attributable to around 10% of the 63,000 excess winter deaths in England in 2020-2021.

The trade union UNITE protested at the Labor Party conference in Liverpool in September against plans to abolish benefits for many pensioners.

UNITE Secretary General Sharon Graham told reporters: What are the priorities I would like to hear from him? [Keir Starmer] The intention is to overturn the winter fuel quota decision.

What a cruel policy. He needs to turn it around. And I want him to say he made a mistake and reverse that policy. I would also like to say that he will not collapse this country into a second stage of austerity.

Sharon Graham, general secretary of the union Unite, and other union members protest against the Labor government's decision to limit winter fuel payments to older people at the Labor Party's annual conference in Liverpool, England, September 25, 2024. [Phil Noble/Reuters]
Who is suing the government for this?

Peter and Florence Fanning, a husband and wife in their 70s from Coatbridge, central Scotland, said they were suing both the UK government and the devolved Scottish government over lost winter fuel payments.

Last month, Mr Fanning said he planned to bring proceedings as both the London and Scottish governments were found guilty of acts and inactions that undermined the welfare of pensioners.

Considering the clear injustice involved, we hope to succeed. But 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 of those battles.

This week it was announced that former SNP member Joanna Cherry had been appointed as lead counsel for legal matters.

How serious is Fannings' legal bid?

It's quite serious. The couple, who are supported by the Govan Law Center, an independent, community-controlled legal center in Glasgow, were granted the right to attend a hearing on the merits of the case by a judge in Edinburgh on October 24.

The legal challenge alleges that the government failed to comply with its duty of care to ensure its decisions did not have a negative impact on people with different characteristics, such as age or disability. The legal challenge argues that the government should have carried out a detailed equality impact assessment to carry out its obligations. I didn't do that.

A procedural hearing is due to take place at Edinburgh Crown Court in early December, with a substantive hearing scheduled for January 15.

Alex Salmond, Scotland's first minister from 2007 to 2014, publicly supported the Fannings case as leader of the fringe pro-Scottish independence party Alba until his sudden death of a heart attack on October 12 in North Macedonia.

Alba's acting leader, Kenny MacAskill, noted that Alex Salmond had been a champion of the campaign and fully supported the Fanning family against the Scottish and UK governments.

He added: The Scottish Government should have stood up for Scottish pensioners against cuts at Westminster, but now it will stand shoulder to shoulder with the UK Labor government in court against Scottish pensioners.

Will the court case be successful?

Yes, but winning will only delay the disposal of your allowance.

The case is being brought in Scotland, but the outcome could also apply to England, Wales and Northern Ireland, according to MoneySavingExpert.com, a popular UK consumer website. strength.

If the court determines that the government failed to meet its obligations under the Equality Act 2010 or follow procedural fairness by failing to consult pensioners, the decision to limit payments will be deemed unlawful.

If the case is successful, the government could carry out an impact assessment to proceed with plans to scrap the allowances anyway.

But Martin Lewis, consumer expert and founder of Money Saving Expert, a consumer finance information and discussion website, told the BBC: If this is successful there will be a significant record of this sort of thing happening in Scotland, challenging government decisions. It may mean forcing the government. [] Conducting an equality impact assessment is not quick.

This means the universal cuts cannot be implemented this year and will be postponed. This is my interpretation: It won't stop it from happening, but it will postpone it for a year.

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