by Two pensioners want to take the governments of Scotland and the United Kingdom to court because of the reduction of the winter fuel payment.
Peter and Florence Fanning, of Coatbridge, North Lanarkshire, have brought proceedings with the help of Govan Law Center against the Scottish Government and the UK Work and Pensions Secretary over the policy.
Following Labour’s election victory, chancellor Rachel Reeves announced that the winter fuel payment – previously universal – will only be available to those on pension credit or other means-tested benefits this year due to unemployment financial.
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The decision led the Scottish Government – which was to lead a similar payment through Scottish Social Security, but has since announced a delay – to follow suit.
The judicial review – raised at the Court of Session – now requires the judge’s permission to move to a hearing on the merits, with Govan Law Center seeking to fast-track the case and its application for legal aid to ensure a decision can be made do. to bring down before winter.
The case asks the court to rule whether the decision was illegal, which would then allow the petitioners to ask the court, in effect, to set aside the policy and return the winter fuel payment to everyone .
Speaking at a press conference in Edinburgh on Thursday, Mr Fanning, 73, said: “We intend to sue both the London and Scottish governments, as both are guilty by act and omission of causing harm for the benefit of pensioners.
“Hopefully we will succeed, because of the obvious 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 it’s one battle this.”
The argument in the case rests on the charge that both governments failed to adequately consult those of pension age about the change and did not issue an equality impact assessment on the changes.
A freedom of information request revealed that the Department for Work and Pensions (DWP) had carried out an abbreviated version of such an assessment, and the UK Government argued that a full study was unnecessary.
Former First Minister and current leader of the Scottish Party Alex Salmond was instrumental in putting the Fannings in touch with Govan Law Center before the measure was lifted.
Speaking at a press conference on Thursday, Mr Salmond said everyone in Scotland should “be grateful” to the Fannings for raising the act, which he said should have been taken forward by the Scottish Government on first of all.
Referring to analysis by the Labor Party in 2017 – which suggested that 4,000 people could die if the winter fuel payment was cut – Mr Salmond claimed it would be “incomprehensible” for the UK Government not to carry out an equality impact assessment as there would be such a figure. public.
He added: “The Scottish Government should have challenged this, rather than simply accepting this.
“They should have stood up for pensioners and stood up for the people rather than towing the fine line coming from Westminster.”
The former first minister said that while it would be “the greatest humiliation” for the governments to lose the case: “I wonder if it is as bad as the humiliation if the health service in Scotland and England to deal with the health consequences of what happens. are they doing?”
Rachel Moon, lead solicitor and partner at Govan Law Centre, said: “Simply put, (the government) should seriously consider this.
“This policy and the decisions that are made affect those with protected characteristics, including age and disability, and affect 10 million people.”
Speaking to journalists in Holyrood on Thursday, Prime Minister John Swinney said: “I understand clearly the depth of concern that members of the public have about the sudden decision to cut £160 million from our budget and the universal winter fuel heating payments removal
“The harsh reality I am facing is that it has suddenly been taken out of our budget and we have to take action to live within the financial resources available to me.
“Because of the legal issue, I have a legal obligation to balance the budget and live within the resources available to the Government.”
Asked whether the Scottish Government had failed in its legal duty, Mr Swinney said: “I think the Government have taken the necessary and appropriate action, given our legal obligations, to live within our -resources, but these are clearly issues now being considered by the courts and, of course, we will be involved in that process.”
A spokesperson for the UK Government said: “We are committed to supporting pensioners, with millions set to see their full new state pension rise by £1,700 this Parliament through our commitment to the triple lock.
“Given the poor state of public finances we have inherited, it is right that we focus support on those who need it most.
“More than a million pensioners will still receive the winter fuel payment, and many more will also take advantage of the £150 heating home discount to help with their winter energy bills.”
