Former SNP MP Joanna Cherry KC is set to act as senior counsel for two Scottish pensioners attempting to overturn the winter fuel payment cut.
Peter and Florence Fanning, from Coatbridge in North Lanarkshire, have been granted full civil legal aid for their challenge against the UK and Scottish governments.
The judicial review required a judge’s approval to move to a hearing on the merits.
That has now happened and a substantive hearing at the Court of Session in Edinburgh is now scheduled for 15 January. A procedural hearing has been assigned for 4 December.
Alongside Ms Cherry, Govan Law Centre’s Mike Dailly will act as junior counsel.
The centre’s Rachel Moon is the instructing solicitor supported by Lorna Walker and Charis Brooks.
Laura McDonagh, partner at Drummond Miller LLP acts as Edinburgh agents.
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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 argue that both Liz Kendall, the Secretary of State for Work and Pensions, and the Scottish Government failed to carry out an equality impact assessment in accordance with her duties in the 2010 Equality Act.
They also say they both failed to consult with those of pensionable age.
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.
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