Two pensioners are seeking to take the Scottish and UK governments to court over the cut to the winter fuel payment.
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have raised proceedings with the help of the Govan Law Centre against the Scottish government and the UK work and pensions secretary over the policy.
It comes after the Scottish government announced its once universal benefit will now be means-tested, replicating a UK government decision.
The introduction of a replacement Scottish benefit was also delayed.
The judicial review – which has been raised at the Court of Session – now requires a judge’s approval to move to a hearing on the merits, with Govan Law Centre seeking to expedite both the case and its application for legal aid to ensure a decision can be handed down before the winter.
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.
“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,” said Mr Fanning.
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