Winter Fuel Payment challenge explained as millions of pensioners could keep £300

A type of legal claim known as judicial review into the Winter Fuel Payment changes has been launched by Govan Law Centre (GLC) in the Court of Session in Scotland

Millions of pensioners could see their Winter Fuel Payment reinstated if a new legal challenge is successful.

Winter Fuel Payments are worth up to £300 and used to be available to everyone who is over state pension age - but now, you must be in receipt of means-tested benefits, such as Pension Credit. This change means around ten million fewer pensioners will receive a Winter Fuel Payment this winter.

The update, which was confirmed by Labour Chancellor Rachel Reeves, sparked outrage from charities, who warned that millions of pensioners may now not be able to afford to heat their homes this winter. A type of legal claim known as judicial review has been launched by Govan Law Centre (GLC) in the Court of Session in Scotland - but if successful, its outcome could also then be applied in England, Wales and Northern Ireland. Here is what you need to know.

What is being claimed in the Winter Fuel Payment legal case?

The legal case from GLC was raised on behalf of a pensioner couple living in Scotland who are now not eligible for the Winter Fuel Payment. GLC claims the Government failed to properly assess how the changes to the Winter Fuel Payment would affect state pensioners.

The Department for Work and Pensions did publish a "High Level Equality Analysis" into its Winter Fuel Payment changes and said it "followed its legal and statutory duties ahead of introducing these changes" - but GLC argues this analysis does not meet the requirements of the Equality Act 2010.

Under the Equality Act 2010, public bodies must consider how their decisions will impact people with different "protected characteristics" - this includes age and disability. GLC also argues that the Government failed to properly consult people of state pension age about the changes.

What could happen if the legal case is successful?

It is not guarantee that this legal case will definitely lead to Winter Fuel Payments being restored. If the legal case is successful, the changes to Winter Fuel Payments would be deemed as unlawful - the court could then order the Government to do a full impact assessment.

It's unlikely the Government would have enough time to complete this before the payments are due to be made in November and December - which would effectively mean every state pensioner would end up getting their payments this winter. GLC is looking to seeking to fast-track proceedings.

Again, even if the case sees Winter Fuel Payments reinstated for this winter, it isn't clear what could happen for future payments beyond this.

How has the Winter Fuel Payment changed?

Previously, you used to receive this payment if you're over state pension age, but now, you must to be in receipt of means-tested benefits including Pension Credit. You must be over state pension age and have been claiming one of the following benefits between September 16 and September 22, 2024 to get a Winter Fuel Payment:

• Income Support
• Income-based Jobseeker's Allowance
• Income-related Employment and Support Allowance
• Pension Credit
• Universal Credit

How much is Winter Fuel Payment worth?

How much the Winter Fuel Payment is worth all depends on your age and living arrangements. If you're eligible, you'll get £200 if:

• You live alone and you were born between September 23, 1944 and September 22, 1958
• You live with someone and one or both of you were born between September 23, 1944 and September 22, 1958

You'll get a £300 Winter Fuel Payment if:

• You live alone and you were born before September 23, 1944
• You live with someone and one or both of you were born before September 23, 1944

What was the DWP said?

A Government spokesperson told The Mirror: “We are committed to supporting pensioners – with millions set to see their full new State Pension rise by £1,700 this parliament through our commitment to the triple lock. Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most.

“Over a million pensioners will still receive the Winter Fuel Payment, while many others will also benefit from the £150 Warm Home Discount to help with their energy bills over winter.”