Unite, the UK's leading union, 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
to all but the poorest pensioners.
Unite has sent a pre-action protocol letter to Liz Kendal the
secretary of state at the Department for Works and Pensions
(DWP), requesting the government reverse the removal the Winter
Fuel Payment and repeal the regulations introduced in August
2024. The DWP is the department responsible for the distribution
of the Winter Fuel Payment.
Unite's case is built on the belief that the government has acted
unlawfully and its action will have a terrible effect on millions
of older people in society and will likely cause an increase in
cold related deaths.
The pre-action notice was submitted on 29 October. The government
has been given until 7 November to respond to the letter and
reverse its decision. If it does not reverse its decision then
Unite will seek leave of the High Court to mount a full judicial
review.
Unite general secretary Sharon Graham 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 has identified several of its members to put forward as
test cases, all of whom are on low incomes in retirement, but
none of them qualify for pension credit and therefore are no
longer eligible for the Winter Fuel Payment.
Unite is challenging the removal of the Winter Fuel Payment on
several grounds including:
- The government had a legal duty to refer the cut to the
Social Security Advisory Committee. Its failure to do so makes
the regulations void.
- The government should have gathered considerable evidence
about the policy on the impact of the cut, meaning that the
decision is irrational.
- 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 requirement to take into account relevant considerations
has been breached, including relating to fuel poverty and
financial circumstances of those living just above the pension
credit threshold.
- In Wales there is a specific legal duty to consider the full
impact of the policy, this was ignored
- 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 then Unite anticipates a fairly rapid hearing of the
case. The government can end the uncertainty by agreeing to
withdraw the regulations now.
