Pensioner couple's legal fight against Winter Fuel Payment cut could save 4000 lives

Peter and Florence Fanning
-Credit: (Image: Reach Publishing Services Limited)


Two pensioners taking legal action over the axed Winter Fuel Payment have warned over 4000 people could die if the policy isn’t reversed.

Grandparents-of-nine Peter and Florence Fanning are taking on the UK and Scottish governments to court in a landmark case that could result in the £300 payment being resurrected for millions of households.

Retired shop steward Peter has revealed he was inspired to launch the campaign after becoming enraged that neither the SNP at Holyrood or Labour in Westminster had bothered to properly consider the human cost of the policy.

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He said: “I remember when Boris Johnson was criticised during the pandemic for allegedly saying ‘let the bodies pile high’. It summed up his lack of compassion and care for the poorest and most vulnerable people.

“And it feels to me like we are seeing exactly the same attitude with this decision.

Pensioners are planners, they budget carefully for the months ahead because they often don’t have much money so it is completely unfair that this has just been forced on them without warning just as winter is hitting.

“We will personally struggle but there are people far worse off than us who will be in a position of having to chose between having a bowl of soup and turning the heating on for an hour on a cold night.”

An older man and woman are seated at a kitchen table. The man is looking at bills while the woman is on the phone
Around 10 million people over State Pension age will miss out on Winter Fuel Payments this year. -Credit:Getty Images

Peter highlighted Labour’s own 2017 analysis which concluded 4000 people could die if the payment way cut.

He said: “The situation is likely way worse today because energy bills have gone up by an extraordinary amount since then.

“My message to the government is why not go after the billionaires and multi-national companies that don’t pay their fair share of tax.”

Chancellor Rachel Reeves announced earlier this month the winter fuel payment will only be available to those on Pension Credit or other means tested benefits in England and Wales.

The Scottish Government then followed suit claiming it had no choice due to a corresponding budget cut from Westminster.

But the Fannings’ judicial review, which has been raised at the Court of Session, is challenging the legal basis for these decisions on the grounds neither government carried out appropriate impact assessments required by the Equalities Act.

Home finance champion Martin Lewis has appeared to back the legal challenge after telling his followers: “Winter Fuel Payments could be reinstated for ALL pensioners this winter if new legal challenge succeeds.”

A judge’s approval will now be required to move to a hearing on the merits of the case which is being spearheaded by the Govan Law Centre with the support of former First Minister Alex Salmond.

Florence, a retired electronics factory worker, in East Kilbride, added: “There are a lot of people with medical conditions who will be at risk. It is not an exaggeration to say that people will die. It is a simple sad reality.”

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