A CAMPAIGN group for women born in the 1950s, whose state pension age has increased from 60-65, lost an appeal against a decision to deny them compensation for lost pension income.
Backto60 brought two test cases to the High Court last year when those cases were lost the group appealed. The Court of Appeal released its judgement rejecting the appeal on Monday, September 14.
The group’s campaign calls for a reinstatement of the age of 60 for women’s state pensions and compensation of the pension women have missed out on.
The Court found making the state pension age the same for men and women did not constitute unlawful discrimination.
WASPI CAMPAIGN UNCHANGED
The case’s failure will not affect the far better known and more widely-supported Women Against State Pensions Injustice (WASPI) campaign.
WASPI has long campaigned on the issues regarding the increase in the state pension age for women. They argue that setting aside any claim of discrimination, the UK Government failed in its duty to inform affected women adequately of the changes to the state pension age and the effect those changes would have on their pensions.
A statement issued by WASPI after the Backto60 legal challenge failed said: “Many women will be disappointed today at the judgement from the High Court.
“Women Against State Pension Inequality (WASPI) will continue to campaign for what we believe is achievable and affordable. Compensation for women who have been unfairly disadvantaged with a rapid increase to their State Pension age (SPa).
“WASPI is not opposed to the equalisation of the SPa with men but it was done without adequate notice, leaving no time to make alternative arrangements. Women were informed directly some 14 years after the SPa was first changed, many only given 18 months’ notice, of up to a six-year increase, many others were not informed at all. This left their retirement plans shattered.
“The Parliamentary and Health Service Ombudsman is currently considering six sample cases of maladministration out of the thousands of complaints made to the DWP by WASPI women.”
Former Conservative Pensions Minister, Baroness Roz Altmann, said: “When Pensions Minister, I saw copies of letters written by the Government to millions of these women in 2003 and 2004 about their State Pension, which failed to highlight that their pension would not be paid at age 60. These official letters failed to highlight that these women’s pension would not start being paid at age 60. It merely informed them what State Pension they might receive when they reached State Pension Age, but they did not tell them what that age would be!
“Receiving a letter from the Pensions Department about their State Pension, which did not urge them to check what their State Pension Age would be, may have lulled them into a false sense of security that they would receive it from age 60.
“This looks like maladministration.”
During the election campaign last year, Boris Johnson pledged to place ‘fresh eyes’ on the issue and said he felt sympathetic to the WASPI campaigners. Asked on Tuesday about the progress of those promised considerations, he failed to answer.
THE APPEAL ISSUE
The main issue in the appeal was whether the changes to the state pension age brought in by Parliament from 1995 onwards, unlawfully discriminated against women. Backto60 argued, amongst other things, women born in the 1950s were less likely to have contributed to the state pension scheme or were disproportionately in lower-paid jobs than men.
The Pensions Act 1995 provided that a woman born before 6 April 1950 would still receive her state pension at age 60 but a woman born after that date would receive her pension on a specified date when she was aged between 60 and 65, depending on her date of birth. The Pensions Acts 2007, 2011 and 2014 then accelerated the move to age 65 as the state pension age for women and raised the state pension age for some men and women to 66, 67 or 68 depending on their date of birth.
Successive UK Governments made changes to address the massively-rising cost of state pensions.
When the state pension age was originally set, both pension ages were fixed at 65. When revised in 1940, women’s pension age was dropped to 60. At the time those ages were fixed, life expectancy meant the state pension was likely to be paid out for only a few years after retirement age. The lower age was fixed at 60 for women to reflect their then-dependence on a single male breadwinner in the family and the prevailing age difference between married couples.
In the post-war period, life expectancy increased, first gradually and then with increasing speed.
The boom in average life expectancy means the state pension is the largest single drain on the welfare budget – taking £111bn of it in the year 2018-19 (DWP figures). In comparison, payments for unemployment benefits totalled £2bn.
The UK Defence budget is around £28bn
In normal circumstances, the claims brought to the Court would have been barred due to the delay in bringing them. Time was extended to bring the claims. The question of the delay was, however, relevant only to the discretion whether to grant relief if unlawful discrimination was proved.
The long delay in bringing the claims made it impossible to fashion any practical remedy. The Court noted unchallenged expert evidence that the cost of reinstating pensions would exceed £200bn – more than seven times the total defence budget and around the same as the whole of the health and education budgets combined (Figures Office of Budget Responsibility).
Ben Lake MP urges UK Government to review calorie legislation
JUST one week after the legislation to label restaurants with calorie labels came to force the Hearts Minds Genes Coalition for eating disorders, chaired by multi award winning campaigner Hope Virgo, have coordinated an open letter to the Government calling on the Government to:
- Make a commitment that the evaluation of the new legislation to label restaurants with calories on will happen in the first year with a commitment that members from the eating disorder community and experts will be involved in this review.
- To make it mandatory for every single restaurant that has to have mandatory calorie labelling will also have a no-calorie menu choice for those who wish to request this
- To remove the labelling of calories on children’s menus in all restaurants
The letter spotlights the problematic nature of adding calories to menus, highlighting not only the dangers for those affected by eating disorders but for the wider society. It goes on to emphasise that with 16% of the adult population screening positive for an eating disorder and millions more suffering from eating disorders, what is proposed as a “common-sense approach” – focusing on weight and calorie counting – is incredibly destructive.
Ben Lake MP says: “Mandating calorie labelling may have a detrimental impact on those living with, or who are at risk of developing eating disorders. The rates of both eating disorders and obesity are increasing across the UK and whilst we all want to have a population approach to making society healthier, none of us want unintended consequences for people on whose lives this issue has a profound impact.
“I believe that the UK Government should take a holistic approach to tackling obesity. Action is needed to protect children from junk food marketing with restrictions on advertising, alongside the promotion of healthy food choices in shops and supermarkets. More widely, I believe that the UK Government must reverse cuts to public health funding to ensure that community services can support people to live healthier lives.”
Hope Virgo says: “I honestly still can’t quite believe that this has happened. For so many people affected by eating disorders restaurants will become an even more toxic and fearful place. It will normalise conversations around food and exercise. Over the pandemic we have seen a huge increase in eating disorders, with services completely overrun. Do we really want future generations to grow up basing their food decisions on numbers? Since the legislation came into force I have been inundated with messages from people who have so much fear not just for themselves but those around them.”
Boris Johnson, his wife and chancellor Rishi Sunak to be fined for breaking lockdown rules
THE PRIME MINISTER Boris Johnson and his wife Carrie, and chancellor Rishi Sunak, have been notified that they will be issued with fines for breaking lockdown rules.
The fixed penalty notices are the result of a Metropolitan Police investigation into parties in Downing Street and Whitehall in 2020 and 2021.
Mr Johnson will become the first sitting prime minister to receive a punishment for breaking the law.
Labour immediately called for both the PM and chancellor to resign while Liberal Democrat leader Sir Ed Davey called for parliament to be recalled for a vote of confidence in Mr Johnson.
Scotland’s first minister Nicola Sturgeon also demanded that they should quit.
Those calls have been echoed this week by Welsh Liberal Democrat Leader Jane Dodds has called on the Welsh Conservative Leader Andrew RT Davies and Welsh Secretary Simon Hart to “show a backbone” and call for Boris Johnson and Rishi Sunak to resign following the news that both men are to be fined over lockdown parties.
Commenting Jane Dodds MS told The Herald: “Boris Johnson & Rishi Sunak have broken the law & repeatedly lied, they must resign from their positions at once.
“While people in Wales were playing by the rules at great personal expense, those in charge thought they were above the law.
“This also will come as a painful blow to all those covid bereaved families in Wales. The behavior of Johnson and Sunak
“The Welsh public deserves much better. For the sake of the country, both Boris Johnson and Rishi Sunak must resign immediately.
“If the Conservative Party is to have any legitimacy in Wales Andrew RT Davies and Simon Hart need to show some backbone and be calling for resignations immediately. No Welsh Conservative MP should be backing the Chancellor or Prime Minister staying in post.”
Concessions to UK Elections Bill secured to ensure open and accessible elections in Wales
COUNSEL GENERAL Mick Antoniw reaffirmed the Welsh Government’s commitment to open elections and increased voter participation, as the Senedd prepares to vote on the passage of the UK Government’s Elections Bill.
The UK Government’s Elections Bill proposes the introduction of mandatory photo ID, as well as measures relating to the administration and conduct of elections, overseas electors and UK citizens, and amendments to the role of the Electoral Commission.
The Welsh Government has secured concessions that mean large parts of the Bill will not apply to Senedd and local government elections in Wales. This includes removing a proposed provision that would have allowed the Secretary of State to direct the Electoral Commission in the discharge of its devolved functions in Wales.
In a Legislative Consent Motion, to be voted on in the Senedd on Tuesday, the Welsh Government is recommending consent is given in two specific areas only – digital imprints and an offence of voter intimidation.
Mick Antoniw, Counsel General and Minister for the Constitution, said: “The concessions we have secured to this Bill represent a success for devolution. The Welsh Government is committed to making elections as open and accessible as possible, and to do all in its power to increase participation.
“This is why 16 and 17 year olds and qualifying foreign citizens will be able to vote in local elections in Wales for the first time this May. We are also running pilot schemes in four local authorities designed to make it easier for people to vote at a time and a place that is convenient for them.
“The UK Government plans for voter ID risk making voting harder. Though the proposals won’t apply to devolved elections, they will apply to general elections in Wales and I’m concerned this will confuse voters. We have shared our concerns with the UK Government.”
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