Legacy Benefits Upcoming Court Case

  • This topic has 28 replies, 3 voices, and was last updated 4 weeks, 1 day ago by Silvia smith.
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  • #156669 Reply
    Bifter1

    Hi Everyone,  Good Morning,

    Regarding the legal challenge brought against the D.W.P for people receiving legacy benefits who didn’t receive the extra money .

    Does  anyone know how the court case is progressing and when it’s likely to proceed to court yet .

     

    Hopefully it’s soon and the courts see fit to backdate this payment to all of us affected.

Viewing 25 replies - 1 through 25 (of 28 total)
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  • #156757 Reply
    joss
    Moderator

    From the Benefits and Work web site

    https://www.benefitsandwork.co.uk/news/4310-60-charities-and-bishops-call-for-20-uplift-to-legacy-benefits

    Category: Latest news
    Created: 01 December 2020
    Over 60 organisations and bishops have called on the government to make the £20 uplift to Universal Credit permanent and extend it to legacy benefits including ESA and JSA.

     

    The coalition includes charities such as:

    Citizens Advice Scotland
    Child Poverty Action Group
    The Disability Benefits Consortium
    Joseph Rowntree Foundation
    Macmillan Cancer Support
    The Trussell Trust
    Turn2us
    In a statement released this week, the coalition said:

    “The absence of any announcement on the £20 uplift this week suggests that the Government does not intend to extend this lifeline to legacy benefits – meaning that disabled people and carers will be left, once again, without help as they face rising costs, increased barriers to work and heightened risks from the pandemic. Sick and disabled people and carers already faced much higher risks of poverty, a situation which has only been made worse by having to face a global pandemic without sufficient support. It is simply not right that disabled families have been more likely to go without essentials including food during this health crisis.

    “We strongly urge ministers to make the £20 uplift to Universal Credit permanent and extend this same support to those on legacy benefits. By doing this, they can keep doing the right thing, keep families afloat and strengthen our social security system so it provides the public service we can all turn to when we hit hard times.”

    Joss
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    #156759 Reply
    joss
    Moderator

    #IncreaseLegacyBenefits Update- Upcoming claimants’ court case

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    April 29, 2021 dbconsortium Other
    #Increase Legacy Benefits Update- Upcoming claimants’ court case

    Ever since the Government provided a £20 uplift to those on Universal Credit but not legacy benefits, the Disability Benefits Consortium have been leading the campaign to #IncreaseLegacyBenefits. This week marks a major step forward in the campaign as the High Court has granted claimants of Employment Support Allowance permission to challenge the Department for Work and Pensions on their decision not to provide the same uplift as was given to people on Universal Credit.

    The case is due to be decided later in the year and more details on it are available here from Osborne Law.

    Anastasia Berry, Policy Manager at the MS Society and Policy Co-Chair of the DBC, says: “The High Court’s decision to hear the case is a positive step in recognising the discrimination of over 1.9 million disabled people on legacy benefits, including Employment and Support Allowance and Jobseeker’s Allowance. Being denied the same increase as those on Universal Credit since the start of the pandemic has meant many have been pushed further into poverty.

    “Today’s announcement is encouraging news for the 120,000+ people who signed our ‘Don’t Leave Disabled People Behind’ petition, as well as MPs from all parties and organisations who have supported our calls, but the fight to end this discrimination hasn’t ended yet. We hope the High Court recognises the failings of the Government, and people on legacy benefits are given the £20 per week they desperately need.”

    Keep an eye out for further information and updates

     

    Joss
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    #156782 Reply
    Bifter1

    <p style=”text-align: left;”>Thanks Joss</p>

    #156858 Reply
    YorkMan
    Participant

    I received an update from the Benefits and Work website/group a month or so ago (highly recommended to at least register with them) and I think it said that the reason the DWP gave for not extending the £20 uplift was that it was too complicated/difficult or technical – something on those grounds.  Interestingly it was not that they didn’t think claimants where eligible for it.  I am not usually hopeful whenever or wherever the DWP are involved and concerned but I have a little hope in this court case succeeding, resulting in yet another defeat for the “unfit for purpose” DWP.

    Hang your heads in shame yet again DWP 🙁

    #156881 Reply
    Bifter1

    <p style=”text-align: left;”>Thanks for the update YorkMan</p>

    #159812 Reply
    Scott pringle

    Up at court this week apparently week commencing 26th to 30th july

    #159813 Reply
    Scott pringle

    Fingers crossed

    #159823 Reply
    joss
    Moderator

    @Scott pringle  toes as well.

    Joss
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    #159887 Reply
    Mike Cooper

    Can’t see the Government wriggling their way out of this one,total farce if they do but just can’t see that happening as their case is so weak it’s laughable.

    #159900 Reply
    John

    I can’t see any info anywhere that it is at court this week?

    #159909 Reply
    joss
    Moderator

    Like wise @john, had a good look yesterday

    Joss
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    #159941 Reply
    REDMAN

    Hi everyone here’s the up to date info on this case –

    William Ford, solicitor for the Claimants, commented as follows:

    “We are pursuing this legal challenge based on the proposition that the pandemic means those dependent upon basic allowances are facing higher basic living costs, and yet despite their very similar circumstances, only some of them receive a Covid-specific uplift to help meet those costs. This unfairness calls for a properly evidenced justification, particularly as almost 2 million disabled people are disproportionately affected by this decision and the pandemic generally. Thus far the Government has failed to provide any objectively verifiable reason for the difference in treatment of people in essentially identical circumstances.”

    The final hearing will be held 28-29 September 2021. Further updates will be posted on the website

    #160137 Reply
    Gary Austin

    is there any news of the court case out come yet

    #160138 Reply
    Tim

    Hi Gary, post above yours mentions a final hearing on the 28th-29th September. I’m not sure we’ll realise any outcome before that date?

    #160205 Reply
    Pepsi

    Does anyone really know for sure when this case will be heard. The claimants originally requested it was heard by the end of July.

    #160214 Reply
    Wigwam
    Participant

    No-one will know until it happens, Pepsi. If it’s set down to be heard at the end of September that’s the earliest it will be settled unless an agreement is reached beforehand and the hearing is cancelled.  Or the hearing could be postponed for whatever reason.  The only certainly in law, is the lawyers make money.

    #160219 Reply
    Gary Austin

    pleas could you tell me will the result when they finally get there be published on here as soon as it becomes available thank you 🙂

    #160244 Reply
    joss
    Moderator

    @Gary Austin Just keep popping in and checking. We will post when we find out anything.

    Joss
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    #160841 Reply
    Jade

    So say you’ve been on legacy benefits all this time, but decide to start work before this decision is made, forcing you onto universal credit. Would you still be eligible for the back payment?

    #160844 Reply
    joss
    Moderator

    @Jade

    That is a difficult one to answer Jade. I would say yes. However, that depends on the outcome of the court case. Please seek other views from the likes of Citizens advice.

    Joss
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    #160862 Reply
    Lord Muc

    Jade, if this case is decided in favour of the claimant’s, it will have a reference point, maybe in line, with the decision to award UC claimant’s the extra covid money, so a start and a stop date. So if you were receiving the legacy benefits, between those dates, then I would have thought that the uplift in money would apply to those dates and benefits, that the DWP or Court decide. But it by no means certain that this will happen, as I imagine it will be quite a complex legal issue, as UC is a working benefit. As well as an implementation nightmare, and will involve massive costs. They only did a u-turn on school meals after Rashford highlighted starving kids, in the middle of the pandemic. Not defending the govt, as I think it was a mistake and a moral issue, not to raise all benefts, temporarily during the pandemic, especially pensions, and PIP. However, I think the govt, magic money tree has dropped all its golden covid leaves, and they will fight tooth and nail to wriggle out of it, while they try and claw back, all the fraudulent bounce back loans, and money, they chucked out left and centre without thinking it through.

    #160863 Reply
    Lord Muc

    Edit, working “age” benefit. Missing word.

    #161171 Reply
    Scott pringle

    End of september now there must have changed it not holding my breathe we will get but hope we do

    #161172 Reply
    Scott pringle

    Mike cooper there probably will wriggle out of it by saying well just claim universal credit instead there will have summat up there sleeve to try and get out of paying people on esa hope I’m wrong

    #161377 Reply
    Jamie Lee Russell

    <p style=”text-align: left;”>The date is set for the 28th and 29th of September on uplift court case spoken to solicitor directly regards matter for update</p>

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