Peter and Florence Fanning, of Coatbridge, North Lanarkshire, will now proceed to a procedural hearing in December ahead of a full “substantive” hearing in January.

DWP Winter Fuel Payments step closer to being reinstated after major update

by · Birmingham Live

Two pensioners have been given permission to proceed with their legal challenge against the UK and Scottish and governments’ decision to cut the £300 winter fuel payment from the Department for Work and Pensions (DWP).

Peter and Florence Fanning, of Coatbridge, North Lanarkshire, will now proceed to a procedural hearing in December ahead of a full “substantive” hearing in January. Govan Law Centre said the permission to proceed, which was granted by Lady Hood in Edinburgh on Thursday, means the case has been assessed as having “a real prospect of success” in terms the applicable legislation.

A spokesperson for Govan Law Centre said: “Our clients are delighted that the court has granted permission for their judicial review challenge to proceed to a full hearing in early January. We await a decision on civil legal aid from the Scottish Legal Aid Board early next week in relation to the proceedings.

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“If civil legal aid is granted we will then submit an urgent application for sanction for the employment of both junior and senior counsel and will announce our final legal team in early course.” 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 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.”

Speaking at a press conference at the launch of the challenge, Mr Fanning 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.”