Winter Fuel Payment cut: union launches legal challenge over 2024 winter allowance cuts - will it be reversed?

• Trade union Unite is threatening legal action over the Government’s decision to cut winter fuel payments for pensioners
• Starting this winter, around 10 million pensioners will no longer receive the benefit, which will be restricted to those on pension credit
• The Government claims the cut is necessary to address a £22 billion budget shortfall left by the Tories
• Unite argues that the cut will severely impact pensioners, especially disabled people, and accuses the Government of breaking the law
• The union has given the Government until 7 November to reverse the decision or face a judicial review

A leading trade union has threatened legal action over the Government's decision to introduce means-testing for winter fuel payments.

Starting this winter, around 10 million pensioners will no longer receive the benefit, as the Government has decided to limit payments to those on pension credit in an effort to reduce costs.

Ministers argue that the change is necessary to help address a £22 billion “budget shortfall” they claim was left by the previous administration.

But the trade union Unite has warned that this cut to winter fuel payments will have a “terrible effect” on millions of pensioners and has called on the Government to reverse its decision or face a 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.”

But what happens next, and could legal action force a U-turn on capping the winter fuel allowance? Here is everything you need to know.

What happens next?

Unite has given the Government until Thursday 7 November to respond to a pre-action letter sent last week and reverse the cut, otherwise it would request permission from the High Court for a full judicial review.

If the judicial review goes ahead, the court will decide if the Government's actions were unlawful, especially focusing on whether the proper consultations and impact assessments were done.

The push for a judicial review of the policy will further strain relations between Labour and Unite, which had previously been a significant donor to the party.

The union had already expressed opposition to the winter fuel payment cut, staging a protest outside this year’s Labour Party conference over the issue.

It said it believes the Government broke the law by not consulting the Social Security Advisory Committee (SSAC) before making the cut and by not considering how it would affect disabled people, among other reasons.

Ministers don’t have to consult the SSAC if a decision is a matter of “urgency”, which the Government relied on as a reason for not seeking their advice on the winter fuel cut.

The Government also did an “equalities analysis,” which was made public through the Freedom of Information Act, but it has been criticised for not doing a full assessment of how the policy would affect people.

Will the winter fuel payment cut be reversed?

The chances of the policy being reversed through legal action depend on the court's findings. If the court agrees that the Government did not follow the law, the Government could be forced to reconsider the policy.

But even if the case goes to court, the Government may argue that the decision was urgent, which could influence the outcome.

Politically, the Government may be reluctant to back down entirely, especially since it is trying to address a significant budget deficit. But if public pressure builds and the union’s case gains traction, it could push the Government to reconsider or modify the policy.

While the cut may not be immediately reversed, the legal and political pressure, especially from Labour’s base and trade unions, could lead to changes in the policy or force the Government to re-evaluate its decision.

What do you think about the decision to cut winter fuel payments? Do you agree with the call for legal action, or do you believe the Government’s move is necessary to address the budget shortfall? Share your thoughts in the comments section.