Pensioners in legal action against Scottish and UK governments over universal winter fuel payment cut
September 27, 2024
Pensioners in legal action against Scottish and UK governments over universal winter fuel payment cut
by CaptainCrash86
2 comments
Just an Alba political stunt – Alex Salmond was there at the press conference using it to promote his party.
>Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre against the Scottish government and the UK work and pensions secretary over the policy.
…
>The case asks the court to rule on whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.
…
>The case’s argument rests on the accusation both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.
Their challenge seems to be around the lack of an equality impact assessment- and the legality of such a move.
>>No 10 pointed to the fact the mechanism the government chose to make this change, known as a statutory instrument, only requires an impact assessment if the cost of the legislation is greater than £10m – which it is not in this case.
2 comments
Just an Alba political stunt – Alex Salmond was there at the press conference using it to promote his party.
>Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre against the Scottish government and the UK work and pensions secretary over the policy.
…
>The case asks the court to rule on whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.
…
>The case’s argument rests on the accusation both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.
Their challenge seems to be around the lack of an equality impact assessment- and the legality of such a move.
I’m not sure on the case of the Scottish Government, but i recall this from a previous [BBC article](https://www.bbc.co.uk/news/articles/ce808nyry3do) in regards to the UK government:
>>No 10 pointed to the fact the mechanism the government chose to make this change, known as a statutory instrument, only requires an impact assessment if the cost of the legislation is greater than £10m – which it is not in this case.