Major winter fuel payment update as key £300 decision expected today

A couple from Scotland are due to begin their legal challenge today against the UK and Scottish Governments over the decision to cut for pensioners. Peter and Flo Fanning argue that both Governments failed to consult properly with pensioners and did not release an equality impact assessment. They claim the £300 cut was “irrational” and violated their human rights.

The couple from Coatbridge – seeking a judicial review in the Court of Session in Edinburgh – want the policy overturned and the payment restored. Mr Fanning, 73, said the challenge is about “giving a voice” to pensioners facing financial hardship, with rising energy costs making life increasingly difficult.

Last year, around 10 million pensioners in England and Wales lost their winter fuel allowance, with only those on Pension Credit retaining it.

In Scotland, the payment was devolved in April 2024 but was cut in August due to budget constraints, and a new means-tested replacement, the Pension Age Winter Heating Payment (PAWHP), has been delayed until winter 2025.

The Fannings argue that the decision to cut the winter fuel payments was rolled out “without much warning”, emphasising the impact on pensioners who “tend to plan” for the year ahead, the.

They are calling on the Court of Session to set aside the policy and reinstate the benefit for all pensioners.

A Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

The reviews don’t challenge the conclusion’s rights and wrongs. Instead, they challenge how the decision has been reached. In this case, the couple argue both the UK and Scottish Governments did not adequately consult with those of pension age and did not release an equality impact assessment on the changes.

Lawyers for the couple also say the decision to cap eligibility for the allowance breaches articles two and eight of the European Convention on Human Rights.

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