A big update has been released on the legal battle that could bring winter fuel payments back to millions of people - and it's good news

The possibility of winter fuel payments being returned to millions of people has increased after a legal challenge was approved.

With Govan’s help Law The Center (GLC) has allowed two Scottish pensioners to continue their case against the UK and Scottish government’s decision to cut benefits.

Winter fuel payment will now only be valid for those with pension credit or other financial meansCredit: Getty

If successful, more than 10 million households will be lost annually completion We could see benefits of up to £300 reintroduced.

In the past, winter fuel feeThis application was open to anyone aged 66 and over.

But after Labor’s election victory the Chancellor Rachel Reeves limited deductions winter fuel payment suitability for those pension credit or tested by other methods benefits.

The decision led the Scottish Government to follow suit.

In response, retirees Peter and Florence Fanning filed a civil suit. review At the highest point in Scotland courtRequesting the court to decide whether the decision was correct or not illegal last month.

Govan Law Center said the permission to proceed, granted by Lady Hood in Edinburgh on Thursday, meant the case was considered to have “a real chance of success”.

If the deductions are found to be unlawful, petitioners can ask the court to cancel the policy and refund everyone their winter fuel payments.

But there is still no guarantee that such legal actions will be successful.

A spokesman for Govan Law Center said: “Our clients are pleased that the court has allowed a full hearing on their judicial review appeal in early January.

“We await the Scottish Legal Aid Board’s decision on civil legal aid early Next The week is about transactions.

“If civil legal aid is granted, we will make an urgent application for enforcement. employment “We will have a roster of both junior and senior counsel and will announce our final legal team early in the course.”

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A procedural hearing was scheduled for December 4, and a one-day substantive hearing was set for Wednesday, January 15.

A UK Government spokesman said: “We are committed to supporting pensioners, who are set to see millions of people’s state pensions increase by up to £1,700 from this date. Parliament thanks to our commitment to the triple lock.

“More than a million pensioners will continue to receive their winter fuel payment and our drive to increase pension credit uptake has already seen a 152% increase in claims.

“Many others will also benefit from the £150 warm home discount. energy invoices “throughout the winter.”

What does the lawsuit argue?

The case is based on accusations that both governments failed to adequately consult with those of retirement age about the changes and failed to publish an equality impact assessment of the changes.

The GLC claims the government failed to comply with the requirements of the Equality Act 2010.

Under the law, public authorities are obliged to consider how their decisions and actions will affect individuals with various “protected characteristics”, such as age and age. disability.

But on 13 September the DWP published its own equality impact assessment. aim winter fuel payment, Freedom of Information request relevant.

In response to the request, the DWP said: “The Government has fulfilled its statutory and statutory duties before introducing these changes and will continue to do so.”

However, the GLC claims that a “proper evaluation” was not carried out and that the research included in the impact assessment was insufficient.

Separately, the GLC also argues that the government has a legal duty to consult with citizens. state pension aged about the changes but couldn’t do it.

Will it be successful?

These court battles can often last months, if not years, and the chances of a resolution before winter are slim.

However, if the Court finds that the government failed to meet its obligations under the Equality Act 2010 or properly consult pensioners, the decision to limit payments could be deemed unlawful.

In such a case, the Court may strike down the regulations implementing the changes and authorize the Government to conduct a comprehensive impact assessment.

This will return the situation to where it was before the policy was introduced and winter fuel payments can be restarted for all pensioners.

Again, this is unlikely to happen before winter.

It’s not the first time people have objected to charity rules.

Two British people in April 2021 Lawsuit filed against DWP on behalf of 1.9 million households About inheritance benefits not receiving the £20 per week increase given to those with Universal Credit during Pandemic.

They argued that the same support should be given to those who benefit from inheritance benefits.

However, the court decision given in February 2022 Hopes of a payout worth £1,500 in retroactive benefits have been dashed.

How have winter fuel payments changed?

Winter fuel payments are now limited to retirees taking out pension loans or those receiving certain other financial benefits.

This year, only people who benefit from the following benefits will be eligible for winter fuel payments:

retirement loan
Universal Credit
income support
Income-based jobseeker’s allowance (JSA)
Income-related employment support allowance (ESA)
child tax credit
Working tax credit

To be eligible for this year’s payment, you must have an active claim for the benefits listed above during the “qualification week”, which runs from September 16 to 22 (this week).

Most households, including those with pension credit, automatically receive the winter fuel payment.

More than 800,000 households are thought to have missed out on the pension credit that would have made them eligible for this year’s winter fuel payment.

If you don’t file for this year’s payment by the end of the week, you can assume you won’t qualify.

But thanks to one little known spaceThis is not the case.

This is because new claims for pension credit can be pushed back by up to three months.

This means: absolute deadline The deadline to benefit from the aid and qualify for this year’s winter fuel payment is December 21.

Of course if mistake If you apply for help before this date, you will not be eligible for this year’s £300.

APPLY FOR RETIREMENT LOAN

PENSION credit increases your weekly income by up to £218.15 if you’re single or £332.95 if you’re partnered.

This is called a “guarantee loan”.

If your income is lower than this, you’re very likely to qualify for assistance.

However, if your income is slightly higher, you are disabled, you are caring for someone, you have savings or you have housing costs, you may be eligible for retirement credit.

It also opens the door to other supports, including retirement loans and housing allowances. cost of living payments, council tax discounts, winter fuel payment and Warm Home Discount.

You can start your application up to four months before you reach state pension age.

You can apply at any time after reaching state pension age, but your application can only be backdated by three months.

This means you can get up to three months of pension credit on your first payment if you are eligible during this period.

To apply you will need the following information about yourself and your partner if you have one:

National Insurance number
Information about your income, savings and investments
Information about your income, savings and investments as of the date you wish to retroactively update your application.

You will also need your bank account details. Depending on how you apply, you may also be asked for your bank or building society’s name, sort code and account number.

Applications can be made online by visiting gov.uk/pension-credit/how-to-claim.

If you would like to apply by phone, you can do so by calling the pension loan request line on 0800 99 1234.