Peter and Florence Fanning, of Coatbridge, North Lanarkshire have raised proceedings in the Court of Session against the the Scottish Government and the UK Work and Pensions Secretary with the help of Govan Law Centre.

Chancellor Rachel Reeves had announced that the winter fuel payment will only be available to those on pension credit or other benefits.

The Scottish government, which had been due to take control of that power, announced a similar delay.

If the case proceeds, the court will be asked to decide whether the decision was unlawful and, if so, to set it aside and restore the original system.

Mr Fanning, 73, said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction of damaging the welfare of pensioners.

“We are hoping to be successful, given the manifest injustice involved. However, my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”

Rachel Moon, a partner at Govan Law Centre, said: “Quite simply, [government] should have considered this rigorously. This policy and the decisions taken affect those with protected characteristics, including age and disability, and it affects 10 million people.”

First Minister John Swinney said: “I think the government has taken the action that has been necessary and appropriate, given our legal obligations, to live within our resources, but obviously these are issues that are now the subject of consideration by the courts and we will, of course, engage in that process.”

A spokeswoman for the UK government said: “We are committed to supporting pensioners, with millions set to see their full new state pension rise by £1,700 this Parliament through our commitment to the triple lock.

“Given the dire state of the public finances we have inherited, it’s right we target support to those who need it most. Over a million pensioners will still receive the winter fuel payment, while many others will also benefit from the £150 warm home discount to help with their energy bills over winter.”