Two Scottish pensioners have been given permission to proceed with a legal bid to overturn the UK Government's winter fuel payment cut. 

Peter and Florence Fanning, from Coatbridge in North Lanarkshire, raised proceedings with the help of Alba and the Govan Law Centre against the Scottish and UK governments.

The judicial review required a judge’s approval to move to a hearing on the merits.

That has now happened and a hearing at the Court of Session in Edinburgh is now scheduled for 15 January.

The Chancellor announced back in July that she would restrict the annual payout in England and Wales to those on pension credit or certain other benefits as part of her plan to tackle a £22 billion black hole in the public finances.

According to ministers in Edinburgh, the decision to block the annual winter fuel payment of either £200 or £300, depending on age, left them with a £160 million funding shortfall for their own equivalent devolved benefit, forcing them to follow suit.

The Scottish Government’s analysis says that means around 900,000 Scottish pensioners will lose out, with just 130,000 receiving the payment.

Across the UK, some 10 million pensioners will be affected.

The Fannings and Govan Law Centre argued that Liz Kendall, the Secretary of State for Work and Pensions “failed” to carry out an equality impact assessment in accordance with her duties in the 2010 Equality Act.

They also said she failed to consult with those of pensionable age.

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.

"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”.

The late former first minister, Alex Salmond, was instrumental in connecting the Fannings with Govan Law Centre and was an early supporter of their legal challenge. 

The Alba leader died suddenly earlier this month at a conference in North Macedonia.  

Commenting, the Alba Party acting leader, Kenny MacAskill, said: “Alba Party very much welcome 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.”