The NPC fully supports Unite’s decision to investigate legal action over the government’s decision to end universal Winter fuel payments to millions of older people.
The union has launched a judicial review process to overturn the government’s decision to cut the winter fuel payment to all but the pensioners whose income is below the qualifying threshold for pension credit.
Unite’s pre-action notice was submitted on 29 October and the government has been given until tomorrow – 7th November to respond - and reverse its decision. If it does not reverse its decision, Unite will seek leave of the High Court to mount a full judicial review.
Jan Shortt, NPC General Secretary said: “The NPC is grateful to Unite the Union for continuing its campaign to reinstate the winter fuel allowance to all older people, and we fully support the judicial review. The fact that the government enacted a decision on the winter fuel allowance without referring it to the Social Security Select Committee for approval and deliberately did not undertake an impact assessment on the health, safety and welfare of older people shows how wrong the decision has been.
Unite has sent the pre-action protocol letter to Liz Kendal, the secretary of state at the Department for Works and Pensions (DWP), requesting the government reverse the removal the Winter Fuel Payment and repeal the regulations introduced in August 2024. The DWP is the department responsible for the distribution of the Winter Fuel Payment.
The union’s case is built on the belief that the government has acted unlawfully and its action will have a terrible effect on millions of older people and is likely to cause an increase in cold related deaths.
Unite general secretary Sharon Graham said: “People do not understand how a Labour government has taken away the fuel allowance of millions of pensioners just as winter approaches. Given the failure to rectify this in the budget, Unite has now commenced judicial review proceedings challenging the legality of the policy. It is not too late for Labour to register the hurt that this cruel policy has caused, step back from picking the pockets of pensioners and do the right thing.”
Test cases
Unite has identified several of its members to put forward as test cases, all of whom are on low incomes in retirement, but none of them qualify for pension credit and therefore are no longer eligible for the Winter Fuel Payment.
The union’s grounds for challenging the removal of the Winter Fuel Payment include:
• The government had a legal duty to refer the cut to the Social Security Advisory Committee. Its failure to do so makes the regulations void.
• The government should have gathered considerable evidence about the policy on the impact of the cut, meaning that the decision is irrational.
• Under the Equality Act there is a Public Sector Equality Duty to consider the impact of the decision particularly on the disabled who have higher heating costs.
• The requirement to take into account relevant considerations has been breached, including relating to fuel poverty and financial circumstances of those living just above the pension credit threshold.
• In Wales there is a specific legal duty to consider the full impact of the policy, this was ignored
• The Human Rights Act requires particular areas of vulnerability to be taken into account, which could include the impact of the policy on older people, those with a disability and potentially on race.
ENDS
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