Couple given go-ahead to sue governments over winter fuel payment

The Fannings have called the winter fuel payment being scrapped an "injustice"

A Scottish couple have been given permission to proceed with a legal bid to overturn the scrapping of the universal winter fuel benefit for all pensioners.

Peter and Florence Fanning, from Coatbridge in North Lanarkshire, have argued both the UK and Scottish governments failed to adequately consult with those of pension age and did not release an equality impact assessment on the changes.

The judicial review required a judge’s approval to move to a full hearing, which has been given.

A hearing at the Court of Session in Edinburgh is now scheduled for 15 January.

The case will ask the Court of Session to rule on whether the decision to scrap the universal benefit 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.

A spokesperson for Govan Law Centre, which has taken the case for the Fannings, said their clients were "delighted" that permission had been granted.

They added they were awaiting a decision next week on whether civil legal aid from the Scottish Legal Aid Board would be granted.

Protestors have gathered outside the House of Commons to call for the decision to be reversed

The controversial decision has been criticised by trade unions and groups representing older people.

Chancellor Rachel Reeves previously announced the benefit needed to be means- tested from this winter due to a £22bn "black hole" in public finances that she said Labour had inherited from the previous Conservative government.

The benefit is devolved but the Scottish government said it had to follow suit as £160m had been taken out its budget.

Mr Fanning stated in September that the decision created "manifest injustice" for those affected.

The couple were being supported by former Scottish first minister Alex Salmond, who put them in touch with Govan Law Centre and called the payment being scrapped "unacceptable".

The Alba party leader has since died after suffering a heart attack in North Macedonia.

The party's acting leader Kenny MacAskill said that Salmond had been a "champion" of the campaign.

He added: "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.”

First Minister John Swinney said last month that he understood public concerns about the payment but that the Scottish government was having to face "hard reality" regarding budgets.

Earlier this month the SNP tabled a Holyrood motion calling on Sir Keir Starmer to reverse the decision.

A spokesperson for the UK government said it was committed to supporting pensioners and that millions would see their state pension rise by £1,700 during this parliament.

They added: "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."