Winter Fuel Payments could be reinstated for ALL pensioners this winter if new legal challenge succeeds – here's what you need to know

A type of legal claim known as judicial review has been mounted in Scotland's highest court, the Court of Session, by Govan Law Centre (GLC). The case has been raised on behalf of a pensioner couple living in Scotland who will be ineligible for the Winter Fuel Payments following changes announced in July.

However, while the case is being raised in Scotland, its outcome could also apply in England, Wales and Northern Ireland, as the Court could strike down the UK-wide regulations which brought the changes into force.

Martin Lewis: 'It's an interesting turn in the tale – but the chances of success depend on who you listen to'

The legal claim alleges the Government didn't follow correct procedure when making the changes

Under the Equality Act 2010, public bodies – including lawmakers – have a duty to consider how their decisions and actions will affect people with different 'protected characteristics', which include age and disability.

GLC's central argument is that the Government failed to comply with this duty when enacting the changes to Winter Fuel Payment eligibility. Specifically, GLC says that the Government did not carry out a detailed equality impact assessment as required.

In response to a recent Freedom of Information request, the Department for Work and Pensions published a 'High Level Equality Analysis' on the shake-up, and stated: "The Government has followed its legal and statutory duties ahead of introducing these changes and will continue to do so."

However, GLC claims that the published analysis is inadequate and does not meet the requirements of the Equality Act, as there was no "proper assessment" of the risks of restricting the payments, or of the extent of the adverse impact on those who will lose them, including what it means for their health and wellbeing this winter.

Separately, GLC will also argue that the Government had a legal duty to consult people of state pension age about the changes but failed to do so.

What could happen if the case succeeds

If the Court finds that the Government didn't fulfil its duties under the Equality Act 2010, or didn’t follow procedural fairness by failing to consult pensioners, then this would render its decision to restrict the payments as unlawful.

The Court could then void the regulations which brought the changes into effect and order the Government to do a full impact assessment. This would take us back to the position we would have been in before the policy was announced.

Crucially, the Government could take the judgment away and make the same decision again having done the correct impact assessment. However, it's thought that it would not have enough time to do this before the payments are due to be made in November and December. This would effectively mean reinstating the payments for all pensioners this winter.

But all of this is far from guaranteed, as the case is still at a very early stage – though GLC says it's seeking to fast-track proceedings. We'll keep this story up-to-date with the latest.

What does the Government say?

A Government spokesperson declined to comment on the legal case, instead reiterating that it was right to "target support to those who need it most" due to the "dire state of public finances we have inherited".

How the Winter Fuel Payments changed

Previously, Winter Fuel Payments worth up to £300 had been made available to EVERYONE above State Pension age in the UK (most recently, this included those born on or before 24 September 1957).

However, in July, the Government announced that this would no longer be the case. Instead, starting this winter (2024/25), you would only be able to get a Winter Fuel Payment if you're:

1. Over State Pension age; AND

2. Receiving one of the following benefits:

   - Income Support;
   - Income-based Jobseeker's Allowance;
   - Income-related Employment and Support Allowance;
   - Pension Credit; or
   - Universal Credit (for example, through a joint claim with your partner).

At the time of the announcement, MoneySavingExpert.com founder Martin Lewis warned that this is "too narrow a group", and he has been calling on the Government to rethink.

Check you're not missing out on help you're entitled to

The upcoming change to Winter Fuel Payment eligibility means it's more important than ever to make sure you claim what you're entitled to.

As Martin has noted, over 800,000 people who are eligible for Pension Credit don't currently get it, and it's often a key to qualifying for other help – so may unlock £1,000s of extra support. Use our 10-minute benefits check to see what you could get.

If you're struggling, it's also worth contacting your council to see what help it can offer. Under the Household Support Fund, which was recently extended to April 2025, councils in England can access funding to help those most in need with the cost of daily essentials, including energy bills. Local authorities in Northern Ireland, Scotland and Wales run similar schemes, which will also receive additional funding.