Winter Fuel Regulations

Politically, the new (Labour) government made a choice to remove Winter Fuel payments from all the elderly apart from those who qualify for pension credits. Many Labour backbench MPs - often with slim majorities from the recent general election - are unhappy -see

Keir Starmer under pressure as row grows over cut to winter fuel payments | ITV News and 

Is there a £22bn ‘black hole’ in the UK’s public finances? - BBC News.

Of course, millionaires hardly need a winter fuel payment but it is risible to describe, as some have, the majority of pensioners as "millionaires" and thousands fail

to qualify for pension credits by only a small margin. Those people are likely to be very hard-hit by the decision and energy prices are set to rise given upward adjustment to the price cap - Changes to energy price cap between 1 October to 31 December 2024 | Ofgem.

In law, the issue is The Social Fund Winter Fuel Payment Regulations 2024 (legislation.gov.uk). The Regulations - (i.e. secondary legislation) - were "made" on 22 August 2024 and come into force on 16 September unless they are annulled by Parliament.

The House of Lords Library has published - Changes to winter fuel payments: The Social Fund Winter Fuel Payment Regulations 2024 - House of Lords Library (parliament.uk). The publication is ahead of a motion by non-affiliated peer Baroness Altmann to annul the Regulations. The library also notes that the House of Lords Secondary Legislation Scrutiny Committee has drawn the Regulations to the special attention of the House.

The whole issue raises questions about the use by government of secondary legislation to implement major changes to benefits and the general inadequacy of Parliamentary scrutiny of such legislation.

Furthermore, it is worthy of note that the Supply and Appropriation (Main Estimates) Act 2024 (legislation.gov.uk) passed through the House of Commons without debate - "on the nod" as it were. This increased the amount up to which there is authorisation for the use of resources for year ending 31 March 2025 by £566,935,188,000. Whatever the position regarding the so-called"black hole" it would seem essential to taxpayers that the true state of accounts is properly known to politicians before such legislation is even put before Parliament.

It's probably unlikely that the Regulations will actually be annulled and, if there is a Commons vote, we can expect Labour, with its huge majority gained on 33% of those who actually voted, to grin and bear it with only a few of the braver souls rebelling against their Party whip. That may be wrong of course and we may be surprised!

Reeves urges Labour MPs to back winter fuel cut - BBC News

9 September - TUC conference: unions tell Stamer to U-turn on winter fuel cut – Channel 4 News

House of Commons - Order Paper for 10 September 2024 (parliament.uk)

State pension set to rise by £460 next year - BBC News

Outcome:

10 September - Social Security - Hansard - UK Parliament - In the House of Commons, a motion to annul the Regulations failed by 348 votes to 228.

Additions:

11 September 2024 - Keir Starmer urged to publish winter fuel payments impact assessment | PMQs | The Guardian

11 September 2024 - Social Fund Winter Fuel Payment Regulations 2024 - Hansard - UK Parliament - Baroness Altmann's motion was rejected.

13 September 2024 - No assessment on impact of winter fuel payment cut - Keir Starmer - BBC News