Pensioners denied their winter fuel payments could see the decision overturned as a court case claiming the cuts were unlawful is set to begin early next year.

The case, supported by the Govan Law Centre (GLC), is set to be heard at Scotland’s highest court on January 15, 2025.

The judicial review, brought by pensioners Peter and Florence Fanning, seeks to overturn the UK and Scottish Governments’ decision to restrict winter fuel payments to only those on Pension Credit or means-tested benefits. Previously, the benefit was available to everyone aged 66 and over.

If the challenge succeeds, over 10 million households who lost up to £300 annually could see the payments reinstated.

The GLC argues that the Government failed to meet its obligations under the Equality Act 2010, including conducting a proper equality impact assessment and consulting those affected by the policy.

The Department for Work and Pensions (DWP) has defended its actions, releasing an equality impact assessment on the winter fuel payment changes in September 2023, following a Freedom of Information request.

The DWP maintained that it met all its legal obligations in carrying out the necessary assessments before implementing the changes. However, the GLC has contested the adequacy of this assessment, describing it as insufficient and not reflecting the true scale of the impact on vulnerable pensioners.

Although the case was deemed to have “a real prospect of success,” experts, including Martin Lewis of MoneySavingExpert, caution that a ruling before this winter is unlikely.

Any potential outcomes, such as the reinstatement of payments or retrospective compensation, would depend on the court’s final decision.

A Government spokesperson previously said: “We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1,700 this Parliament through our commitment to the triple lock.

“Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take-up has already seen a 152% increase in claims. Many others will also benefit from the £150 warm home discount to help with their energy bills over winter.”

Court cases of this nature can take months to years to resolve, meaning it is highly unlikely pensioners will have payments reinstated this winter if the decision is deemed unlawful.