Major update over £300 Winter Fuel Payments being 'reinstated' for all pensioners

A huge update has been issued over the legal fight which could see Winter Fuel Payments return for millions. Two Scottish pensioners have been allowed to continue their proceedings against the UK and Scottish government's decision to cut the benefit.

If successful, more than 10 million households that have lost the annual top-up of up to £300 could see the help reinstated. Permission was granted by Lady Hood in Edinburgh on 24 October 2024. This means the case has been assessed as having “a real prospect of success” in terms of section 27B(2) of the Court of Session Act 1988.

A procedural hearing has been assigned for 4 December 2024; with a substantive hearing fixed for Wednesday, 15 January 2025. A spokesperson for Govan Law Centre said: “Our clients are delighted that the Court has granted permission for their judicial review challenge to proceed to a full hearing in early January.

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"We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings. If civil legal aid is granted we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course”.

A Labour Party government spokesperson said: "We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1,700 this Parliament through our commitment to the triple lock. Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take-up has already seen a 152% increase in claims.

"Many others will also benefit from the £150 warm home discount to help with their energy bills over winter." The DWP said: "The government has followed its legal and statutory duties before introducing these changes and will continue to do so."