A SCOTTISH couple who launched a legal challenge against both the UK and Scottish governments over cuts to the Winter Fuel Payment have been given permission to proceed to a full hearing.
Peter and Florence Fanning — a couple in their 70s from Coatbridge who are in receipt of the state pension and a modest occupational pension — raised proceedings for judicial review of the decision in the Court of Session.
The Fannings, who are being represented by Govan Law Centre, believe the governments have not given due regard to equalities legislation in their decision and that the move was unlawful.
Former first minister Alex Salmond previously gave the couple his backing and put them in touch with their current legal representation. The Alba leader has since died from a heart attack while he was in North Macedonia.
The judicial review has now been given permission for a hearing, which is scheduled for the Court of Session in Edinburgh in January.
The case asks the court to rule on 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 to all.
Alba welcomed the decision, with acting leader Kenny MacAskill commenting : "Alex Salmond was a champion of this campaign and had been fully supportive of the Fanning’s in their case vs 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.”
The Winter Fuel Payment gave all pensioners £200 to £300 to ensure they could heat their homes over the colder season but this will now be means-tested with only those on Pension Credit or other benefits receiving it going forward.
Earlier this month, Holyrood voted overwhelming against the cut with two Labour MSPs including a former party leader rebelling against Anas Sarwar.
Speaking at a press conference in Edinburgh in September, Fanning, 73, said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction, of damaging the welfare of pensioners.
“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.”
