Second legal bid to reverse Winter Fuel Payment cuts to millions of pensioners

dailyrecord.co.uk:

A legal challenge to the decision to scrap universal Winter Fuel Payments for pensioners has heard that the Scottish Government’s decision was a “direct consequence” of UK Government counterparts.

The Court of Session in Edinburgh was told on Wednesday that the union Unite has launched similar action in England, and it has been provided with documents which it is not permitted to share with lawyers in Scotland.The Scottish challenge was brought by pensioners Florence and Peter Fanning, from Coatbridge, North Lanarkshire, who are represented by former SNP MP Joanna Cherry KC and Govan Law Centre.

The pensioners, who did not appear at the court in Edinburgh, are seeking to reverse the decision announced by Chancellor Rachel Reeves shortly after the General Election in July to remove the universality of the payment.Attorney General Andrew Webster KC represented the UK Government, known as the first respondent, and condemned a delay to the proceedings, while James Mure KC represented the Scottish Government, known as the second respondent.Ms Cherry 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 Winter Fuel Payment.”She said lawyers working for Unite, which is representing 11 petitioners in the English courts, have been provided with documents which were not permitted to be shared with Scottish counterparts, and Ms Cherry requested a 28-day postponement in the case.

This was refused by the judge, Lady Hood.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