Unite union has sent a pre-action protocol letter as part of a judicial review process on behalf of the union and its retired members to overturn the government’s decision to means test the winter fuel payment.
Unite has sent the pre-action protocol letter to Liz Kendall, Secretary of State at the Department for Works and Pensions (DWP), requesting the government reverse the means testing of 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.
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. If the decision is not reversed Unite says it will seek leave of the High Court to mount a full 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.”
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.
In September, MPs voted to cut the winter fuel payment for those who are not claiming pension credit or other means-tested benefits.
Prior to the vote the payment to help with fuel bills was available to anyone over the age of 66 regardless of income levels, meaning wealthy households were also entitled to the sum. The payment is £200, rising to £300 for those over 80.
The cut saves the government about £1.5bn a year as it attempts to fill a claimed “black hole” in finances of £22bn.
The number of winter payment recipients drops from 10.8 million to 1.5 million. In Thanet some 26,648 pensioners will lose the winter fuel allowance.
The same month the government launched a Pension Credit awareness drive to identify households not claiming the benefit, and encourage pensioners to apply by 21 December, the last date for making a backdated claim for Pension Credit, in order to receive the Winter Fuel Payment.
While around 1.4 million pensioners are already receiving Pension Credit there are up to an estimated 880,000 households eligible for the support who are yet to claim.
Work and Pensions Secretary, Liz Kendall said: “The £22 billion black hole in the public finances we have inherited has required us to take difficult decisions, but I am determined to ensure low-income pensioners are supported.
“That’s why I urge any pensioner, or their loved ones, to check if they could get Pension Credit.
“This government remains completely committed to pensioners which is why we’re protecting the income of over 12 million pensioners through the Triple Lock.”
Many socialist pensioners will also be affected by the Labour Party decision and be wondering how can a party we supported during the election do this to us. The Labour party know that many people over retirement age do not have the ability to comprehend all the paperwork involved in claiming pension credit and do not understand the system so will just say “Forget it its not that I don’t need it its just I don’t at my age have the energy to continually fight”.
You know you’ve REALLY got it wrong when both Unite and Conservatives oppose your decision. Time for Rachel from accounts to stand down and become a tea lady?
Proud member of unite, I support my union action
Good to know it, Barry.
I posted a very long comment but your site would not take it. As a retired union member [UNISON in my case but my wife is a retired UNITE member] it is appalling that a Labour Government introduces means testing – and MPs on £90,000 + a year tell pensioners they need to make sacrifices!
And they have their heating bills paid for by the taxpayers.
Does that apply to Tory MPs, too?
Yes.
But more to the point, why aren’t you criticising Labour’s lies to get elected? Or is this morally acceptable to you?
Every MP.
Work and Pensions Secretary, Liz Kendall said: I took 15 & a half grand from Lord Alli, free tickets from the Premier League & you pay my heating bills. My boss can’t get enough bungs from the super rich & neither can I or nearly every other Labour MP.
We are wasting the 22 imaginary 22 billion black hole on the proven to be useless carbon capture-to pay back the hedge fund that bunged us 4 million for this greenwashing deal, burning 11.6 billion on overseas climate change & bunging the King a 50 million bonus. This is why we have to make the tough choice to freeze thousands of impoverished pensioners to death & have thousands more blocking hospital beds this long winter-they have no money & so are of no use or interest to us.
Please, stop with the climate change denialist rhetoric. Its not big, its certainly not clever and definitely shows a lack of critical thought and rationality. Please, do read this. If paywall is there, use a 12ft service found via google – https://www.scientificamerican.com/article/exxon-knew-about-climate-change-almost-40-years-ago/
Me? I am not denying anything, merely pointing out that giving 11.6 billion of taxpayer cash to climate change crisis will make as much difference to the reality as the ban plastics in Thanet lot pretending it will make any difference-Thanet is so tiny it doesn’ even register. If the entirety of the UK went net zero tomorrow it would make no difference to the survival of the planet-it is like sticking a plaster on a shark wound.
Unless you can find a way to change the way the US, China, Russia, India & Japan behave then you are urinating in the wind-they produce the majority of the pollution & have no interest in changing. Indeed the Cop conferences are mostly used by various countries pretending to be playing ball to in reality meet & set up more pollution deals-as has been exposed multiple times in recent years. They aren’t going to change & so the planet is doomed.
Good for them. Meanwhile, billions wash out of the UK into a Ukrainian blackhole and all parties voted for and wasted billions on unsafe and ineffective covid measures and lockdowns and destruction of small businesses. More and more are waking up to all of this as the massive 19 November farmers’ protest in London approaches. It’s certainly the day for it as Pluto enters Aquarius and shakes up the old world disorder.
“Meanwhile, billions wash out of the UK into a Ukrainian blackhole”
The money for Ukraine gets spent on uk defence manufacturers and goes back into the uk economy. Exactly like usa aid packages do. Ukraine gets our B/mothballed stock, we get new stuff. May I suggest you operate on facts, over feelings?
“More and more are waking up to all of this as the massive 19 November farmers’ protest in London approaches”
What’s interesting about this, on X at least, is that the majority pushing these protests, are also very, very, very, very, very entrenched members of the far right agitprop ecosphere who 9/10 times have views and talking points that align with the kremlin and the destruction of the west. Lots of Reform/Tommy Robinson/Steve Laws/Active Patriots/Britain First/Katie Hopkins types pushing it.
Now Labour are increasing tuition fees when they said they’d scrap them! ALL governments are liars, but Starmer makes Boris seem honest. I just feel sorry for Labour members like Barry and Helen who are just trying to make a difference locally.
“Maintenance loans and tuition fees in England are changing in line with inflation to help ensure the financial stability of the university sector.”
Inlation, Peter. Inflation that affects everything and puts prices up across the board. But yeah, rage on Labour/Starmer and screw universities having adequate funding to provide a wide range of academic opportunities after years of chronic, ideological austerity based underfunding by the Tories, am I right?!
Yes.
“anon”- Keep at it! Your comments are accurate and sensible.
M.M. Rees, are you saying you agree with Labour lying to get elected?
So, are you claiming that Starmer didn’t say in 2022 that he’d scrap tuition fees? There’s plenty of proof that he lied… yet again.
His entire manifesto was a lie & that needs to be made a criminal offence.
And “fully funded, fully costed” turned out to be less than scrupulously honest, didn’t it?
Also anon, do you think it’s fair that Scotland still has free tutition fees? Wouldn’t it make more sense to share the burden, and have cheapr fees for all?
I would, if they weren’t still standing under the auspices of Labour. Remaining in the Labour Party now just gives the impression that you support/endorse what is happening, even if you don’t & why are you still a member of such a party? What are you hoping for exactly? Socialism to return? The snouts in the trough to stop?
People who actually care as MP’s rather than lobbyists being dropped in? Hearing that Labour MP’s were actually cheering the fuel cuts as they voted to condemn pensioners to death or hospital should surely tell you what the party now is.
If you don’t then go independent or join the Liberal Democrats or Greens-because Labour don’t support you-as they have made clear with Barry recently & unless you disavow your socialist values you will not longer be welcomed or supported by them. get elected as an independent & stick it to Starmer & his cronies even more-the minority of Labour MP’s with any guts or morals (the ones suspended for voting against keeping the child cap & the one left who voted against the fuel cut) could do it like Duffield did & reduce their majority.
Labour have already taken a beating in recent local by-elections, stick it to them even further.
Which of course will mean nothing to the rich, but destroy the prospects of the working classes-meaning either they will not be able to go on to higher education, or will be saddled with mammoth debts.
Let’s see we are all in it together. I don’t “need” the subsidy but it irks me that Liz Truss gets £150,000 per annum for just having been prime minister. Mone and Hancock are still at large when they should be doing time just as we would have had to do. And for heavens sake stop the house of Lords fiasco with very wealthy people snoring and farting there way through the day on tax payers £300 a day
I don’t know what all the fuss is about if you are not entitled to the winter fuel allowance then you’re not eligible to receive it. It should be means’s tested why should wealthy pensioners be given money they don’t need. The Tories underfunded all public services schools / social care /the armed services / NHS / never built enough prisons literally run the U.K. into the ground, yet wasted billions of tax payers money. If you are not getting the winter fuel allowance then you DONT deserve it. Including me and my wife both in our 70s
Bill There will be pensioners especially those living on their own who will really struggle this winter who are just a few pence over the limit to receive pension credit and therefore will not receive the WFA. Ever think of those individuals? I doubt it with your ridiculous comment ‘if your not getting the WFA you DONT deserve it’
We are not rich at all we just have state pension and work pensions we don’t claim ANY benefits from anyone. We did receive the winter fuel allowance but we won’t get it now. There are lots of other benefits available to pensioners many unclaimed. I’m a labour supporter 100% and proud to be one.
I am not interested in your political affiliation! I’m just making a point that there are pensioners a few pounds or pence over qualifying WFA or any other benefits who will really struggle this winter! Your lucky there are two of you and your not on your own but still that goes over your head!
Another thing that needs looking into is the disability parking badges they are being photo copied and used by other family members who are parking where they like they are not disabled in anyway whatsoever, when they are not photocopied they are being used by other fit and able members of the disabled persons family. Which is an insult to genuine disabled people who want to park in a disabled parking bay but can’t because a fraudulent person is using an instrument of fraud.
And keys to disabled toilets can be bought by anyone online (so I’m told).
Yes that’s true Peter we stayed in a guest house in Kendal in the bar that night a local council manager told us that teenagers were using the disabled toilets to have sex in having purchased the keys on eBay.