UNITE has launched judicial review proceedings seeking to overturn government cuts to the winter fuel allowance for millions of pensioners.

The union submitted a pre-action notice to Work and Pensions Secretary Liz Kendall on October 29 after the Budget kept the benefits cut for all but the poorest pensioners.

Unite said it will seek leave of the High Court to mount a full judicial review should the government not respond to the letter and reverse its decision by November 7.

Unite general secretary Sharon Graham said: “People do not understand — I do not understand — how a Labour government has taken away the fuel allowance of millions of pensioners just as winter approaches.

“Given the failure to rectify this in the budget, Unite has now commenced judicial review proceedings challenging the legality of the policy.

“It is not too late for Labour to register the hurt that this cruel policy has caused, step back from picking the pockets of pensioners and do the right thing.”

Unite argues that the government’s failure to meet its legal duty to refer the cut to the social security advisory committee makes the regulations void.

It also claims the decision is “irrational” and in breach of the Equality and Human Rights Acts due to a failure to take into consideration the policy’s impact on disabled people who have higher heating costs.

Disabled People Against Cuts co-founder Linda Burnip said: “I’m very pleased to see a judicial review being taken against the loss of winter fuel payments for older people.

“Excess winter deaths are already far too high and it is unacceptable that any government fails to meet their public-sector equality duty.

“The current backlog for processing new claims for pension credit means that many older people who should qualify for an additional payment still are unlikely to get it as their claims won’t be dealt with in time.

“When Members of the House of Lords get a £332 per day attendance allowance, plus travel expenses and subsidised restaurant facilities yet those pensioners in need of a miserly £300 a year are being denied that payment there is something very wrong.”

A government spokesperson 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.”