Why we're suing the government for axing our winter fuel payments

Pensioner Peter Fanning is bringing legal action against the UK and Scottish governments over their decision to change the winter fuel payment.

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Peter and Florence Fanning say they will have to spend their savings on heating their home. (Supplied)

Two pensioners who are going to miss out on the winter fuel payment this year have said they will be spending the colder months going to bed early, to avoid astronomical heating bills this winter.

Peter and Florence Fanning, from Coatbridge, North Lanarkshire, were planning to visit Scotland's National Trust properties this winter.

Instead, they say Labour's controversial cut to the annual payment of up to £300 means they will instead be spending their spare time in bed with "socks, a hot water bottle and a book" because they won't be able to afford to pay for their heating without the subsidy.

The pair said it was "frightening" to have to rejig their finances and use their small amount of savings to pay the bills - and are seeking to take the Scottish and UK governments to court over the cut to the winter fuel payment.

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Mr Fanning, 73, told Yahoo News he was moved to take action as the pair are far from the only ones affected by the government's decision.

The retired social worker said he has been stopped in the street by people worried about how the cuts will affect their parents, grandparents and friends.

In July, shortly after Labour's election win, chancellor Rachel Reeves announced the winter fuel payment – which had previously been universal – would only be available to those on pension credit or other means-tested benefits this year.

Peter and Florence Fanning
Peter and Florence Fanning are seeking to take action with the help of Govan Law Centre (Photo: Supplied)

The decision led to the Scottish government to follow suit, also introducing means-tested restrictions to the payment.

Now the Fannings, with the help of the Govan Law Centre, have raised proceedings against the Scottish government and the UK work and pensions secretary over the policy.

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Mr Fanning, told Yahoo News that pensioners are being "totally disregarded", and he feels that the government are "picking on the pensioners because they’re unlikely to fight back".

He said: "It’s frightening to know that a couple of months ago we thought that £300 would stand us in good stead during the winter. To hear all of a sudden – out of the blue – that we’re not getting it, doesn’t sound fair to me.

“I'll end up in bed with socks, a hot water bottle and a book because I can't keep the heating on all day long.

“The house at one point is going to get cold and I'm going to have to say, 'I'm sorry, I'm on the way up to bed'. I don’t think that’s a good quality of life at all – especially when I gave a lot during my working days," he added.

Mr Fanning also said he's worried about the impact the decision will have on older people. “The cold really affects me. I'm susceptible to chest infections because I'm asthmatic and I don't make red blood cells right. I've got to get an injection every three months.

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“The winter fuel payment is £300. If I end up in hospital, it's £1,600 a day to keep me in ICU or to keep a nurse with me.”

Mr Fanning, who supported colleagues as a union representative during his working life, said bringing the legal action felt like "the right thing to do".

He said: “As a retired social worker, I looked after people who maybe had a disability, or needed extra support, to build care plans with them. One of the first things that I had to do was carry out an assessment. I’d think ‘how would that impact them? What would the long term strategy be about this?’.

"In my mind, neither of the two governments have done that."

In September, the pair instructed Govan Law Centre in Glasgow to lodge a judicial review against the matter on the grounds that no equalities impact assessment was carried out, and those affected were not consulted.

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A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK Government arguing a full study was not required.

Rachel Moon, a lawyer from the centre, told Yahoo News: "It's a huge policy decision. Ten million people are affected by the governments' decision, and it impinges on two protected characteristics in particular; age and disability. We think it's a really strong case.

"Our clients have a small occupational pension, a state pension, and they are on a fairly low income.

"We think it's pretty clear that there's no equalities impact assessment, and similarly clear that there should be one," she added.

A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK government arguing a full study was not required.

Alex Salmond, the former first minister for Scotland and Alba party leader, who died on 12 October, also assisted the pair with the case, bringing the challenge to the attention of the government and the press.

Former first minister Alex Salmond (left) with Peter and Florence Fanning, of Coatbridge, North Lanarkshire, speaking at a press conference in Edinburgh about the proceedings they have raised with the help of the Govan Law Centre against the Scottish Government and the UK Work and Pensions Secretary over the cut to the winter fuel payment. Picture date: Thursday September 26, 2024. (Photo by Craig Paton/PA Images via Getty Images)
Former first minister Alex Salmond supported Peter and Florence Fanning before his sudden death. (PA Images via Getty Images)

Pointing to analysis by the Labour Party in 2017 – which suggested 4,000 people could die if the winter fuel payment was cut – Salmond claimed it would be “reprehensible” for the UK government not to undertake an equality impact assessment.

In response to the couple's press conference in September, first minister John Swinney said he understood "the depth of concern" from the couple and the public about "the abrupt decision".

“The hard reality that I have to face is that has been removed abruptly from our budget and we have to take action to live within the financial resources available to me," he said.

A government spokesperson told Yahoo News: “We are committed to supporting pensioners – with millions set to see their full new state pension rise by £1,700 this parliament through our commitment to the triple lock.

“Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take up has already seen a 152% increase in claims.”

The Evening Standard reported that freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions, with the UK government arguing a full study was not required.