A Scottish couple have been given permission to press ahead with a legal bid to overturn the scrapping of universal winter fuel benefit for all pensioners.

Peter and Florence Fanning, from Coatbridge in North Lanarkshire, claimed that both the UK and Scottish Governments had not properly consulted with those of retirement age and has not published an equality impact assessment on the changes.

Judicial review required a judge’s approval to proceed to a full hearing, which was granted.

A hearing at the Court of Session in Edinburgh is now scheduled for January.

The case will ask the Court of Session to rule on whether the decision to cancel the universal benefit was unlawful.

This would allow the petitioners to ask the court, in effect, to void the policy and reinstate the winter fuel payment for all.

The controversial decision was criticized by the unions and groups representing the elderly.

Chancellor Rachel Reeves previously announced the benefit must be means-tested this winter because of a £22m “black hole” in the public finances which she said Labor had inherited from the previous Conservative government.

The benefit is devolved but the Scottish Government has said it must follow suit as £160m has been taken out of its budget.

Mr Fanning said in September that the decision had created “manifest injustice” for those affected.

The couple were supported by former Scottish First Minister Alex Salmond, who put them in touch with Govan Law Center and called the cancellation of the payment “unacceptable”.

The leader of the Alba party died afterwards having a heart attack in North Macedonia.

First Minister John Swinney said last month he understood public concerns about the pay but that the Scottish Government had to face the “hard reality” of budgets.

Earlier this month, the SNP submitted a Holyrood motion asking Sir Keir Starmer to reverse the decision.

A UK government spokesman previously said it was committed to supporting pensioners and that millions would see their state pension rise by £1,700 during this parliament.