Zarah ChoudharyUnite has launched a judicial review process on behalf of the union and its retired members to overturn the Government’s decision to cut the winter fuel payment for pensioners.
Unite sent a pre-action protocol letter to Secretary of State at the Department for Work and Pensions (DWP) Liz Kendal, requesting the Government reverse the removal of the Winter Fuel Payment and repeal the regulations introduced in August 2024.
Unite said the Government’s actions would affect millions of older people, and likely cause an increase in cold related deaths.
The pre-action notice was submitted on 29th of October.
The Government was given until 7th November to respond to the letter and reverse its decision.
If it does not do so, Unite will seek leave of the High Court to mount a full judicial review.
Sharon Graham, general secretary at Unite, said: “People do not understand, I 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.”
The union identified members to put forward as test cases, all of whom are on low incomes in retirement, but none of whom qualify for pension credit and therefore are no longer eligible for the Winter Fuel Payment.
Unite challenged the removal of the Winter Fuel Payment on several grounds, including the Government’s legal duty to refer the cut to the Social Security Advisory Committee.
According to the Union, the Government should have also gathered evidence about the policy on the impact of the cut.
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 union said the requirement to take into account relevant considerations was breached, including relating to fuel poverty and financial circumstances of those living just above the pension credit threshold.
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.
Given the cut has already come into effect and the worsening winter weather, providing the courts allow the judicial review to proceed, Unite anticipated a fairly rapid hearing of the case.
The Union suggested that the Government could end the uncertainty by agreeing to withdraw the regulations now.
