Questioning the Counsel General today over the UK Government’s decision to scrap Winter Fuel Payments, North Wales MS Mark Isherwood, has warned that a legal challenge launched by two pensioners in Scotland could have implications for Wales.
Speaking in the Senedd Chamber this afternoon, Mr Isherwood who is the Shadow Counsel General, referred to the legal case in Scotland and asked what discussions the Counsel General has had with the UK Government regarding the impact of the case on the 500,000 pensioners who have lost their Winter Fuel Payment in Wales.
He said:
“The Labour UK Government's Chancellor, as you know, scrapped Winter Fuel Payments worth up to £300 universally for pensioners in July. They now admit that no impact assessment was carried out on a policy that will affect an estimated 500,000 pensioners in Wales alone. Only last week, Labour members at the Party's UK Conference voted in favour of a motion calling for UK Ministers to reverse their cut to the Winter Fuel Allowance.
“Two Scottish pensioners have launched a legal challenge against the UK and Scottish Governments over the Winter Fuel Payment cut. They have highlighted that, under the Equality Act 2010, public bodies have a duty to consider how their decisions and actions will affect people with different ‘protected characteristics’, which include age and disability. Legal Charity the Govan Law Centre, who are representing them, argue that the Governments failed to comply with this duty when enacting the changes to Winter Fuel Payment eligibility, stating that the Governments did not carry out a detailed equality impact assessment as required.
“Whilst the case is being raised in Scotland, its outcome could also apply in Wales, England and Northern Ireland. What legal discussions has the Counsel General had with the UK Government regarding the potential impact of this case on the 500,000 pensioners who have lost their Winter Fuel Payment in Wales?”
The Counsel General replied:
“We will of course be watching with close interest what happens in that legal case, and should those pensioners be successful, no doubt the UK Government will take appropriate correcting action. We will have to wait and see; we have no such case here in Wales.”
Mr Isherwood added:
“As indicated, that case in Scotland has significant implications for all UK nations.”