FORMER SNP MP Joanna Cherry has been appointed as senior counsel in a Scottish couple’s legal challenge against cuts to the Winter Fuel Payment.
We previously told how Peter and Florence Fanning from Coatbridge had been given permission to proceed with their legal challenge against the UK and Scottish governments’ decisions to cut the Winter Fuel Payment.
The proceedings were raised with the help of the Govan Law Centre (GLC) against the Scottish Government and the UK Work and Pensions Secretary following the move to end universal entitlement to the payment.
Cherry, the former MP for Edinburgh South West, has been appointed as senior counsel with the GLC’s Mike Dailly acting as junior counsel.
The Fannings’ legal action was launched in September with the support of former first minster and Alba Party leader Alex Salmond, who died on October 12.
The case asks the court to rule whether the decision was unlawful, which would then allow the petitioners to ask the court to, in effect, set aside the policy and restore the Winter Fuel Payment for all.
The GLC previously said the permission to proceed, which was granted by Lady Hood, means the case has been assessed as having a “real prospect of success” in terms of the applicable legislation.
The case’s argument rests on the accusation that both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.
The Alba Party have welcomed Cherry’s appointment with acting leader Kenny MacAskill commenting: “The Fannings are right to challenge this decision, which has been rushed through without consultation and it would seem without the analysis of its impact which is required in law.”
A procedural hearing has been assigned for December 4 2024 with a substantive hearing fixed for January 15 2025.
A UK Government spokesperson previously said: “We are committed to supporting pensioners, with millions set to see their state pension rise by up to £1700 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.”
A Scottish Government spokesperson said it would not be appropriate for it to comment on live legal proceedings.
