Pensioners are taking action in the courts to try to reverse Rachel Reeves’s winter fuel payment cut (Image: Getty)
Scottish ministers axed the winter fuel payment as “direct consequence” of the UK Government’s decision to scrap it, a court has been told.
Pensioners Florence and Peter Fanning, from Coatbridge, North Lanarkshire, have brought the Scottish challenge over the removal of the lifeline.
They are trying to reverse Chancellor Rachel Reeves’s decision to remove the universality of the payment.
On Wednesday, the Court of Session in Edinburgh was told the union Unite has launched similar action in England.
Andrew Webster represented the UK Government, known as the first respondent, while James Mure represented the Scottish Government, known as the second respondent.
Former MP Joanna Cherry, who is representing the couple, said: “The second respondent’s decision to proceed with plans for a non-means-tested benefit in Scotland was a direct consequence of the first respondent’s decision to withdraw the .”
Ms Reeves announced the would be means tested.
This led to the Scottish Government following suit.
Ms Cherry KC told the court lawyers working for Unite, which is representing 11 petitioners in the English courts, have been provided with documents that were not permitted to be shared with Scottish counterparts.
Ms Cherry requested a 28-day postponement in the case to recover the documents, citing Articles 8 and 2 of the European Convention on Human Rights, and a challenge on irrationality, citing a legal test on unreasonableness.
However, judge Lady Hood refused. Both governments made submissions to refuse the requested 28-day extension.
Ms Cherry said: “Unite has told me there’s been a large amount of material disclosed by the UK Government in relation to the policy decision.
“English lawyers have asked for the Government’s legal department to provide that disclosure. The Government legal department has said no to that.”
Chancellor Rachel Reeves axed the winter fuel payment last year (Image: Getty)
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A further hearing is scheduled for January 24 in the Court of Session.