DWP Winter Fuel Payment Legal Challenge: OAPs Excluded Based on Location

Coatbridge: A couple is taking on the UK Government over cuts to winter fuel payments. Florence and Peter Fanning are arguing that they shouldn’t be left out just because of where they live.

They’re being represented by Joanna Cherry, a former SNP MP, in a court case in Edinburgh. The Fannings are upset about a decision made by Chancellor Rachel Reeves to end universal benefits for winter fuel payments.

Since April 2024, pensioners in Scotland have been cut from this benefit, which has now been replaced by a different scheme. The government says this change is due to devolution, meaning it’s now up to the Scottish Parliament to handle these payments.

The Attorney General, Andrew Webster, argued that the Fannings don’t qualify for the payments anymore. He pointed out that the decision was made for England and Wales, and the couple should be responsible for their own court costs.

Ms. Cherry, however, highlighted that the Fannings’ monthly income is £2,065 and stressed that there was no proper consultation before the cuts were made. She believes the government didn’t follow the rules set out in the Equality Act.

She also mentioned that the decision to cut these payments affects people across Great Britain, not just in Scotland. The Fannings feel they’re being unfairly treated because of their location.

Webster countered that the Scottish Government is now in charge of these payments and that the couple’s entitlement ended in April. He insisted that it’s up to each devolved government to create its own policies.

As the case continues, Ms. Cherry is advocating for the Fannings, emphasizing their financial struggles as pensioners. She pointed out that their situation is a direct result of government actions.

Judge Lady Hood has ruled that the Fannings will have to cover the costs of amending their case, but she acknowledged their status as assisted persons. The court proceedings are set to continue in March.