MSE News: Winter Fuel Payments could be reinstated for all pensioners if legal challenge succeeds

MSE_Petar

Millions of pensioners could see their Winter Fuel Payments reinstated this winter as a charity has launched legal proceedings against the UK Government, aiming to reverse its decision to restrict the payments to those on certain benefits. But it's still very early days and there are no guarantees.

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

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MattMattMattUK

MSE_Petar said:

Millions of pensioners could see their Winter Fuel Payments reinstated this winter as a charity has launched legal proceedings against the UK Government, aiming to reverse its decision to restrict the payments to those on certain benefits. But it's still very early days and there are no guarantees.

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

If you haven’t already, join the forum to reply.

It is not just that there are no guarantees, it is almost guaranteed to fail. 

HillStreetBlues

This doesn't surprise me when the PM stated  https://www.bbc.co.uk/news/articles/ce808nyry3do

The government did not carry out an impact assessment on cutting winter fuel support for millions of pensioners in England and Wales, the prime minister has said.

As age is a protected and the new policy only affects age, then it was a staggering admission.

If they had done as assessment as previous ones have show it will lead to an increase of deaths over winter. When you don't like what an assessment will state, you tend not to have one put in place. The issue here is  legally it looks like they have too.

booneruk

If they're expected to do impact studies on financial changes that affect people in certain age groups, then have there been such studies on events from recent history like national insurance and pension age rises? if not, can someone sue the government for us?

HillStreetBlues

booneruk said:

If they're expected to do impact studies on financial changes that affect people in certain age groups, then have there been such studies on events from recent history like national insurance and pension age rises? if not, can someone sue the government for us?

There are studies and under the The Pensions Act 2014 the SSWP has regularly review pension age,

HillStreetBlues

Can we keep this thread on topic about the legal case, there have been umpteen other threads about the right and wrongs of the actual policy so no need to hijacking this one.

Scot_39

We have already had a partial attempt to have effective NI imposed on pensioners attempted - in the form of the now defunct Johnson / Sunak NHS levy - or more accurately the "Health and Social Care Levy" - at 1.25% of the the then 12 % base NI rate for individuals  (now 8% rate - after Jan and Apr 24 cuts)

Starmer - especially with his legal background - I would have thought - should / would have been more carefully about opening the govt up to such a legal challenge.

But his it wasn't needed in advance a la BBC link above - shows otherwise.

This is one legal challenge I hope succeeds - not for the sake of the handful of millionaires (many of whom dont claim state pension - so get WFA anyway) or pensioners paying say 40% or higher tax rates - but for those living well below the minimum wage - excluded by the link to the PC threshold.

Even the DWP estimates 3/4 million of the c880,000 entitled but not claiming - will not apply for PC.

GingerTim

Dare I suggest that this thread is almost inevitably going to provoke political debate, which we are specifically warned against in the red box at the top of the page?

HillStreetBlues

Scot_39 said:

Starmer - especially with his legal background - I would have thought - should / would have been more carefully about opening the govt up to such a legal challenge.

But his it wasn't needed in advance a la BBC link above - shows otherwise.

The BBC talks about "statutory instrument" but any changes made by statutory instrument still have to comply with an Act of Parliament as statutory instrument is secondary legislation and an Act is primary legislation. As they are using the Equality Act 2010 this usurps any changes made by secondary legislation.

Xbigman

Isn't it being done by statutory instrument because the payments are extra payments from the government and not linked to any specific legislation? Like The CoL payments which came and went, therefore they can be cancelled.

It will be interesting to see the governments defence and the judges decision on this.


Darren

Qyburn

HillStreetBlues said:

As age is a protected and the new policy only affects age, then it was a staggering admission.

Age is a Protected Characteristic but we're not talking about age discrimination. That would be if the payment was made to young people but not old people, or vice versa.