Why are we suing the government for cutting off our winter fuel payments?

By | October 17, 2024

Two retirees who will miss their winter fuel payments this year said they will spend the cold months by going to bed early to avoid astronomical heating bills this winter.

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

Instead, they say Labour’s controversial cut of up to £300 a year means they will instead spend their free time in bed with “socks, a hot water bottle and a book” because they can’t afford to pay. to keep them warm without subsidies.

The pair, who say it is “scary” to reorganize their finances and use their small savings to pay bills, are trying to take the Scottish and UK governments to court over the cut in winter fuel payments.

Mr. Fanning, 73, told Yahoo News that those affected by the government’s decision were only taking action because they were non-binary.

The retired social worker said she was stopped on the street by people worried about how the cuts would affect their parents, grandparents and friends.

In July, shortly after Labour’s election victory, chancellor Rachel Reeves announced that the previously universal winter fuel payment would this year only be available to those with pension credits or other means-tested benefits.

Peter and Florence Fanning

Peter and Florence Fanning want to take action with help from Govan Law Center (Photo: Supplied)

The decision led the Scottish government to follow suit and also imposed means-tested restrictions on the payment.

Now Fannings, with the help of the Govan Law Centre, has brought legal action against the Scottish government and the UK secretary for work and pensions over the policy.

Mr. Fanning told Yahoo News that he felt retirees were being “completely ignored” and that the government was “attacking retirees because they were less likely to fight back.”

He said: “It’s scary to know that a few months ago we thought £300 would come in handy during the winter months. To suddenly hear we’re not getting that money, it scares us. It doesn’t seem fair to me.”

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

“At some point the house will get cold and I will have to say, ‘Sorry, I’m going to bed.’ I don’t think this is a good quality of life at all; especially considering I give so much during my working days,” he added.

Mr Fanning also said he was concerned about the impact the decision would have on older people. “The cold affects me very much. Because I have asthma and cannot produce red blood cells properly, I am susceptible to chest infections. I have to have injections every three months.

“Winter fuel payment is £300. “If I were to be admitted to hospital, it would take £1,600 a day to keep me in intensive care or to have a nurse with me.”

Mr Fanning, who has supported his colleagues as a union representative throughout his working life, said taking legal action seemed “the right thing to do”.

She said: “As a retired social worker, I dealt with people who might have disabilities or needed extra support to create care plans. One of the first things I had to do was do an assessment. ‘How does this affect them?’ I would think, ‘What could be the long-term strategy on this?’

“In my view, neither government has done that.”

In September the pair ordered the Govan Law Center in Glasgow to hold a judicial review into the matter, saying no equality impact assessment had been carried out and those affected had not been consulted.

A freedom of information request revealed that a shortened version of such an assessment was carried out by the Department for Work and Pensions (DWP); The UK Government argued that a full study was not necessary.

“This is a huge policy decision. Tens of million people are affected by the government’s decision, and it affects two particularly protected characteristics, age and disability. We think this is a really important decision,” Rachel Moon, an attorney at the center, told Yahoo News. It’s a strong situation.

“Our clients have a small occupational pension and state pension and are on a very low income.

“We think it is quite clear that there is no equity impact assessment, and we think it is clear that there should be similar,” he added.

A freedom of information request revealed that a shortened version of such an assessment was carried out by the Department for Work and Pensions (DWP); The UK government argued that a full study was not necessary.

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

Former first minister Alex Salmond (left), with Peter and Florence Fanning from Coatbridge, North Lanarkshire, speaks at a press conference in Edinburgh about the cases they have brought against the Scottish Government and UK Business and Labor with help from the Govan Law Centre. . Pensions Minister on cut in winter fuel payment. Picture date: Thursday, September 26, 2024. (Photo: Craig Paton/PA Images via Getty Images)Former first minister Alex Salmond (left), with Peter and Florence Fanning from Coatbridge, North Lanarkshire, speaks at a press conference in Edinburgh about the cases they have brought against the Scottish Government and UK Business and Labor with the help of the Govan Law Centre. . Pensions Minister on cut in winter fuel payment. Picture date: Thursday, September 26, 2024. (Photo: Craig Paton/PA Images via Getty Images)

Former first minister Alex Salmond backed Peter and Florence Fanning before his sudden death. (PA Images via Getty Images)

Drawing attention to Labor Party analysis in 2017 that suggested 4,000 people could die if fuel payments were cut in winter, Salmond claimed that the UK government’s failure to carry out an equality impact assessment would be “reprehensible” behavior.

In response to the couple’s press conference in September, First Minister John Swinney said he understood the “depth of concern” the couple and the public have about the “sudden decision”.

“The harsh reality I have to face is that it has been suddenly removed from our budget and we need to take action to live within the financial resources we have,” he said.

A government spokesperson told Yahoo News: “We are committed to supporting pensioners; Millions of people are set to see their full new state pensions increase by £1,700 this parliament, thanks to our triple lock pledge.

“More than a million pensioners will continue to receive their winter fuel payment and our drive to increase pension credit uptake has already seen a 152% increase in claims.”

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

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