Ms Cherry said: “The petitioners raised the petition within the policy decision to revoke the winter fuel payments, made on a Great Britain-wide basis, when the Chancellor announced the policy was to be cut.
Attorney General Andrew Webster KC, representing the UK Government, known as the first respondent, said the Chancellor’s decision would not have applied to the Fannings due to devolution.
At a previous hearing, Ms Cherry attempted to cite it as a human rights case under Article 8 and Article 2 of the European Convention on Human Rights, and a challenge on irrationality, but both governments rejected this.
Pensioners who are challenging a UK Government decision to cut the winter fuel payment would not have been eligible for it due to living in Scotland, a court has heard.
The challenge was brought by Florence and Peter Fanning, from Coatbridge, North Lanarkshire, who are represented by former SNP MP Joanna Cherry KC and Govan Law Centre at the Court of Session in Edinburgh.
