A couple seeking to overturn the cut to the universal winter fuel payment for pensioners have been granted permission to proceed with their legal bid against the Scottish and UK governments.
Peter and Florence Fanning, from Coatbridge in North Lanarkshire, are arguing both governments failed to adequately consult with those of pension age and did not release an equality impact assessment on the changes.
A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions (DWP), with the UK government arguing a full study was not required.
The Fannings have raised proceedings against Scottish ministers and the UK Work and Pensions Secretary over the policy.
The judicial review required a judge’s approval to move to a hearing on the merits, which has now been granted by Lady Hood.
A procedural hearing will take place at the Court of Session in Edinburgh on 4 December, with a substantive hearing fixed for 15 January.
The case will ask the court to rule on whether the decision to scrap the universal benefit for pensioners was unlawful.
This would allow the petitioners to ask the court to, in effect, set aside the policy and restore the winter fuel payment to all.
Following Labour’s election win, Chancellor Rachel Reeves announced the winter fuel payment – which had previously been universal – will only be available to those on pension credit or other means-tested benefits this year due to financial woes inherited from the previous Conservative government.
The decision led to the Scottish government – which was due to take control over a similar payment through the devolved Social Security Scotland but has since announced a delay – to follow suit.
The Scottish government claimed Westminster’s decision was expected to cause a funding to Holyrood of up to a £160m in 2024-25.
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Alex Salmond was instrumental in putting the Fannings in touch with Govan Law Centre ahead of the action being raised.
The late former first minister and Alba Party leader has since died after suffering a heart attack earlier this month in North Macedonia.
Alba Party acting leader Kenny MacAskill said: “Alba Party very much welcomes this decision.
“Alex Salmond was a champion of this campaign and had been fully supportive of the Fannings in their case versus the Scottish and UK governments.
“The Scottish government should have been standing up for Scotland’s pensioners against Westminster cuts, instead they will now be standing shoulder to shoulder with the UK Labour government in court against the pensioners of Scotland.”
Speaking at a news conference at the launch of the challenge, Mr Fanning said: “We are hoping to be successful, given the manifest injustice involved, however my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”
First Minister John Swinney previously said he understood public concerns but his government was having to face a “hard reality” in regards to legally balancing a budget.
A spokesperson for the UK government 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.”
The Scottish government has been contacted for comment.
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