Legacy Benefits Upcoming Court Case

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    Topic
  • #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 - 51 through 75 (of 101 total)
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  • #169305 Reply
    Gary Austin

    Well we are finally there the court case starts today let’s hope its not postponed again 😬

    #169312 Reply
    joss
    Moderator

    @Gary Austin you know I was just thing about that this morning Gary. Like you have said, let’s hope it goes ahead. It will be interesting to see what DWP comes up with.

    Joss
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    #169313 Reply
    struth
    Participant

    rea that this morning.. high court at 10.30  i think.  will cost govt a lot of money if they lose, so if they did, then i expect them to challenge it.

    not holding my breath on it as i know how much of a bunch our leaders are

    #169316 Reply
    Wigwam
    Participant

    Not commenting on the merits of the case, but the government doesn’t have any money to lose. It’s our money, lent to the government to spend wisely in our interests!

    #169330 Reply
    Scott pringle

    Yep today and Friday is the hearing fingers crossed peeps

    #169477 Reply
    Mike Cooper

    Here is the dwp barristers main points to date

    The reasons  why the UK government has decided not to uplift legacy benefits are because it would be contrary to the specific fiscal and social policy goals and it would be inefficient and not capable of delivery via legacy payment systems.

    The barrister said that several features of Universal Credit were intentionally different from legacy benefits and the UK government was not required to keep policy the same.

    Incredibly weak defence by the dwp and a lot of straw clutching going on there.No problem via payments now though is there,just bung the backdate payments straight into the bank accounts of those on legacy benefits lol.I’m sorry but this is a joke as far as I’m concerned.

     

     

    #169479 Reply
    Scott pringle

    If the gov loses and does decide to pay out will it just be payed to esa support group claimants and not to those on esa wrag group I hope not and its paid to both groups

    #169483 Reply
    Capuchin

    If they lose, they’ll likely appeal directly to the supreme court, so it has a bit to play out yet.

    #169487 Reply
    Mike Cooper

    It’s laughable,they have basically said we couldn’t pay via legacy payment systems so that’s an admission that they ‘may’ have paid it if that was possible at the time.Also ‘it would be contrary to the specific fiscal and social policy goals’ Now,I’m certain there would be fiscal and social policy targets for Universal Credit,but they increased that pretty sharpish with no problem.They also seem to be implying that Universal Credit was thought up to combat financial problems because of Covid for the most needy so they could just give 20 quid extra per week to the people on that specific benefit and nobody else,Hellooooo! It wasn’t,it’s been going for a few years!!BUT it’s in no way discriminatory towards the disabled.Yes ok then.

    #169495 Reply
    Gail Patterson

    Hi everyone. I have been popping in to this site for some months now and the comment from Mike Cooper couldn’t be more correct. Universal credit has been an on going system since at least 2015. Apparently they want everyone on it by 2024 ( it’s a way of controlling what you spend their money on, where you spend it and exactly what on, they can stop it whenever they want to ) That is a very weak defense, very weak.

    #169507 Reply
    Plato
    Participant

    I can’t seem to find the answer to my curiosity, maybe someone in this thread knows.
    Why is it that universal credit on benefit calculators for the same situations (Non-working, carer, kids with disabilities etc housing benefit)
    Why is it that universal credit always calculates to be substantially less? What part or element is it that is being so reduced?

    #169561 Reply
    Gary Austin

    Probably will not get any result until the new year

    Let’s hope its in our favour 🙏

    #169568 Reply
    Gail Patterson

    Any updates from today?

    #169579 Reply
    John

    According to the Claimants Solicitor they aren’t overly optimistic because of the judge they got.. I’m guessing it’s one of the PM’s best friends

    #169584 Reply
    struth
    Participant

    According to the Claimants Solicitor they aren’t overly optimistic because of the judge they got.. I’m guessing it’s one of the PM’s best friends

     

    yes its mr justice swift, who is very pro govt. no chance he will pass it.

    #169612 Reply
    Mr Tea

    I have no legal qualifications and I’m also of the belief that I will give anyone the benefit of the doubt so will await the decision before I make any assumptions.

    If however the decision goes against the claimants I assume there is a further course of appeal open for both parties here .

    #169622 Reply
    Lord muc

    Struth, absolutely, You couldn’t get a more pro government judge. No chance.

    #169668 Reply
    Krusty

    I have been a member of this forum for several years and have never felt the need to comment before.

    However on this occasion I will make an exception.

    Without going into my own personal situation too much I really feel I must say something.

    I’m in the lucky position in that I have managed to hold down a full time job , My Wife is also employed and earns a very good wage , therefore we are not dependent on benefits other than my PIP which is not means tested obviously , which I claim due to a severe disability.

    I am legally entitled to this and went through many medical assessments etc to claim this .

    I have been looking on and watching this case , because I am not in need of these legacy benefits I still am interested in it and I fully appreciate and understand the anger and feeling of unfairness the claimants concerned have experienced,  I really hope they are successful in there challenge and justice is seen to be served here .

    It appears to me that some of the other people who have commented are more akin to the Daily Fail type readership who seem to have whetted there lips here that the case may go against the claimants,  I find this frankly shocking.

    Disabled people and the other genuine claimants of other benefits have really been dragged through the fire here by this government and to see other Disabled people who like myself are more fortunate than most appearing to show little or no  support is shocking,  they should hang there heads in shame .

    No one knows what’s around the corner so why not try to show your support here and try and be positive for the people who a backdated payment could make a huge difference  too or is it that you maybe are hoping for a negative result here .

    It seems an “I’m alright Jack Mentality is afoot here ”

    Rant over.

     

    #169672 Reply
    struth
    Participant

    like who?

    #169673 Reply
    ChrisK
    Participant

    That’s what I’m thinking struth.

    Seems like the forum is being hit by the disgruntle readers today, what with this and the resurrection of the “Misuse of Motability car” thread.

    #169676 Reply
    Krusty

    No names mentioned Struth .

    All I’m saying is maybe we should all stick together instead of the haves and not haves .

    Just because I won’t benefit from the uplift doesn’t mean I don’t wish the claimants the best of wishes .

    Your own comment for example was total negativity.

    End .

    #169677 Reply
    struth
    Participant

    negative in chances of getting it, not on deserving it. maybe reread.

    #169689 Reply
    Mike Cooper

    Well I still think this will be a win for legacy benefit claimants on the clear evidence given.It will look tremendously bad for Boris if the government wins this case when Justice Swift is apparently so pro government and he was ‘shoehorned’ in to preside over this when there were not ‘enough’ judges to hear the case when it was originally scheduled for.Can take up to 6 weeks for a written judicial review verdict but I have a feeling it will only be 2 or 3 weeks of dragging it out further.

    #169691 Reply
    struth
    Participant

    Well I still think this will be a win for legacy benefit claimants on the clear evidence given.It will look tremendously bad for Boris if the government wins this case when Justice Swift is apparently so pro government and he was ‘shoehorned’ in to preside over this when there were not ‘enough’ judges to hear the case when it was originally scheduled for.Can take up to 6 weeks for a written judicial review verdict but I have a feeling it will only be 2 or 3 weeks of dragging it out further.

     

    i hope you are right. i could do with the funds. its been a hard 2 years. I had to sell my stereo earlier in year.

    • This reply was modified 1 week, 2 days ago by struth.
    #169698 Reply
    Krusty

    Well said Mike ,

    I agree ,

    I wasn’t aware until recently how lucky we are in this group to have members so knowledgeable of the legal profession ……

    All I hope here  is that Justice Swift at least  takes his  time and  looks at all the evidence provided and oversees the case fairly and with an open mind .

    That is the least the  plaintiffs here should expect .

    There has been enough negativity and unjust decisions these past few years let’s hope the right decision is made here .

     

     

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