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.
 

Unlawful action

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.
 

People don't understand

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.”
 

Test cases

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.
 

Swift decision

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.
 
ENDS
 
Notes to editors
 
For media enquiries ONLY please contact Unite senior communications advisor Barckley Sumner on 07802 329235.
 
Email: barckley.sumner@unitetheunion.org
 
Twitter: @unitetheunion Facebook: unitetheunion1 Instagram: unitetheunion Web: unitetheunion.org
 
Unite is the UK and Ireland’s leading union fighting to protect and advance jobs, pay and conditions for members working across all sectors of the economy. The general secretary is Sharon Graham.