Couple challenge winter fuel payment cut in court

A couple have started their legal challenge against UK and Scottish government decisions to cut winter fuel payments.

Peter and Flo Fanning, from Coatbridge in North Lanarkshire, allege both governments failed to adequately consult with those of pension age and did not release an equality impact assessment on the changes.

They also claim the decision to end the £300 benefit for thousands of pensioners across the country last year was "irrational" and breached their human rights.

Both governments said they were supporting pensioners, but declined to comment on the Fanning's case.

The couple want the Court of Session in Edinburgh to set aside the policy and restore the payment as part of a judicial review.

Mr Fanning, 73, receives a state pension and work pension, while Mrs Fanning, 72, receives the state pension.

They do not meet the criteria to qualify for pension credit and decided to take action in a bid to see the benefit restored for all pensioners.

Mr Fanning said he was going to court to "give a voice" to other pensioners.

He said the idea for the legal challenge had come about following a discussion with his friends in the pub.

The late former first minister and leader of the Alba Party Alex Salmond took up the campaign.

They are also being supported by the Govan Law Centre.

,Mr Fanning, who is a member of the Alba party, said the speed of the decision meant it was rolled out "without much warning".

He told BBC Scotland News: "It's not about politics, it's about the people who don't have that voice.

"Pensioners tend to plan.

"Your benefit changes in April so in April you're looking at the year-round.

"Christmas? How do I support my family? How do I do birthdays? Am I going to get a holiday this year?

"Because it's like a kind of a triple whammy; the cost of the electricity and gas, the cost the petrol is up as well therefore the delivery of any food that you eat is up."

About 10 million pensioners in England and Wales lost their allowance under new measures announced by chancellor Rachel Reeves in July last year.

Those on pension credit or certain other means-tested benefits retained the annual payments, worth between £100 and £300.

In Scotland, the payment was devolved to Holyrood in April 2024, but the Scottish government followed the actions of their counterparts in Westminster in terminating it in August 2024, arguing £160m had been taken from its budget.

A new alternative, called the Pension Age Winter Heating Payment (PAWHP), was due to be introduced the following month, but that has since been pushed back to winter 2025.

It will also be means-tested, despite ministers claiming it would not be.

Meanwhile, the devolved government in Northern Ireland also followed suit, but affected pensioners were given a one-off £100 payment from Stormont in November.

Mrs Fanning said she had altered the way she used energy at home in the wake of the decision.

She said the couple's gas bill had doubled in the past two years, while their electricity bill had also near-doubled from £60 to £110 per month.

Mrs Fanning said they only ran their central heating for about an hour a day.

She added: "We got a new cooker about five or six months ago and what I noticed was the oven runs away with an awful lot of electricity.

"So what we do now we tend not to use the cooker as much. Now we're using the air fryer."

Mr Fanning suffers from health issues and said he was "frightened" to put the central heating on due to increased costs.

He said: "It would be nice to be able to get up in the morning and not worry about if I put the heating on it's going to cost me X amount.

"Because like everybody else I live from one pension to another. "

A judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

In other words, they are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

In this case the Fannings argue both the UK and Scottish governments failed to adequately consult with those of pension age and did not release an equality impact assessment on the changes.

Lawyers for the couple also say the decision to remove the allowance was irrational and breaches articles two and eight of the European Convention on Human Rights.

The benefit was paid through the UK government's Department for Work and Pensions (DWP).

A spokesman for the DWP said other payments had been rolled out for some pensioners.

"We are committed to supporting pensioners – with millions set to see their state pension rise by up to £1,900 this parliament through our commitment to the triple lock," he said.

"Many others will continue to benefit from the warm home discount and we have extended the household support fund to help with the cost of heating, food and bills.

"And last year Energy UK, in collaboration with the government, published a winter 2024 commitment which promised £500m of industry support to billpayers this winter."

A Scottish government spokeswoman said PAWHP would provide "universal support" to all pensioner households next winter.

She added: "Households not in receipt of a relevant benefit will receive £100, with those on a relevant low-income benefit will get £203.40 or £305.10, depending on their age."

The spokeswoman said winter heating payments worth £58.75 were now being issued to those on low incomes and are only available in Scotland.

And, as of 28 February, she said more than 456,000 winter heating payments had been made.

The government also said funding for its national fuel poverty scheme - Warmer Homes Scotland - had been increased by £20m.