Legacy Benefits Upcoming Court Case

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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 - 76 through 100 (of 102 total)
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  • #169764 Reply
    Gail Patterson

    I’ve just read that a decision will be made on Friday 26 November. It is a nervous time for all. In my case I am in receipt of ESA and PIP, but during the lockdowns obviously using more electricity,gas I found it difficult paying my bills, even being threatened with baliffs. I have never before been in this situation and I have lost 1 and a half st in weight through stress and not being able to afford to buy my usual groceries. It is criminal that this government as we all know has ignored the disabled.

    #169774 Reply
    joss
    Moderator

    @Gail Patterson where did you read this Gail? link?

    Joss
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    #169779 Reply
    peter bryan

    Yes, Friday it is! Couldn’t put a link, told it seemed to be spam.

    It was in The Express.

    “The case, which is being heard by Justice Swift, will be concluded on Friday, November 26.”

     

     

    #169977 Reply
    Gail Patterson
    #170104 Reply
    GARY AUSTIN

    is there any news on their decision yet

    have we won

    #170111 Reply
    joss
    Moderator

    Not a mention anywhere @GARY AUSTIN.

    Joss
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    #170112 Reply
    GARY AUSTIN

    looks like it wasnt today then if there is no news of it by now

    #170113 Reply
    struth
    Participant

    last thing i read said monday. but dont know for sure

    #170127 Reply
    Mike Cooper

    Looks like it will be Monday.Most of this will be familiar to those following the case,but just take a look at the witness statement and defence lawyer statement which I have put in capitals.Looks like the lawyer has been telling porkies!

     

    INEWS November 23,2021 7:56 pm
    A court case concludes on Monday that could see the Government ordered to pay over £1,500 to more than two million benefits claimants.

    The case itself, which started on Wednesday, is brought by four claimants and relates to the Government’s decision not to give Covid support to people on “legacy benefits”.

    This is despite it granting Universal Credit claimants an extra £20 a week throughout the pandemic, ending last month.

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    What are legacy benefits?
    Legacy benefits are benefits that pre-exist Universal Credit, such as Jobseeker’s Allowance and Employment and Support Allowance (ESA).

    ESA is paid to people who are disabled or sick.

    These benefits are gradually being phased out in favour of Universal Credit.

    However, those who remained on the old benefits missed out on vital support during the pandemic.

    Those who missed out on Covid support are largely ESA claimants.

    Many ill and disabled people were disproportionately affected by lockdowns, as they were forced to rely on deliveries and had to pay for transport to arrive at appointments safely.

    What is the legacy benefits court case?
    Four ESA, Income Support and Jobseekers’ Allowance claimants have taken the Government to court over its decision to leave legacy benefits out of additional pandemic support.

    Lawyers are arguing the Government’s actions equate to unlawful discrimination, which goes against the European Convention on Human Rights.

    Lynn Pinfield, 51, from West Lothian, is one of those bringing the case against the Government. She is unable to work due to multiple sclerosis.

    She said in a statement ahead of the hearing: “I ABSOLUTELY THINK THIS IS A CASE OF DISCRIMINATION AGAINST DISABLED PEOPLE, AND THE HIGH COURT SHOULD FIND IT UNLAWFUL.

    “Everyone on benefits should be treated equally. They have made me feel like disabled people don’t matter.

    “During the pandemic, prices were steadily increasing but benefits remained the same, which was a struggle.

    “With everyone at home all the time, our bills soared – our electricity bill doubled – and I’ve had to pay it all myself with no extra support.”

    Barrister for the group, Jamie Burton QC, argued the difference in treatment was incompatible with their human rights.

    He said in a written submission: “This radical and unprecedented departure from many decades of policy intent, achieved with almost no democratic scrutiny and limited analysis of the consequences, has meant hundreds of thousands of seriously disabled people, already disproportionately affected by poverty, have had to get by on historically low rates of subsistence payments during a pandemic that has caused a significant rise in the cost of living for low-income families and disabled people in particular.”

    The Department for Work and Pensions (DWP) claims it was too difficult to provide additional support for people on legacy benefits, in part due to its computer systems.

    Edward Brown, lawyer for the DWP, called the Universal Credit uplift “an appropriate and effective response to the emergency facing society in the period since March 2020”.

    He added: “The reasons why the 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.”

    His written submission to the court continued: “The measure was introduced quickly and prospectively at the outset of the pandemic in order to mitigate the impact as it became felt.

    “As a very substantial investment of public monies, the measure was necessarily targeted in a way that was considered most likely to achieve its social policy goals.

    “IT IS DENIED THAT  THERE IS ANY DIFFERENTIAL TREATMENT ON THE GROUNDS OF DISABILITY AND NONE IS MADE OUT BY THE CLAIMANTS.”

    #170143 Reply
    Gail Patterson
    1. Denying people on legacy benefits an uplift was simply the government’s way of trying to force us to claim universal credit, it’s blatantly obvious. Knowing we would be paid less. I did an online calculation for changing to universal credit and I would lose over £250 each month. This has obviously been their objective.
    #170150 Reply
    joss
    Moderator

    I would tend to agree with your comment Gail. I have been on legacy benefits when it used to be called Incapacity benefit.  If I moved to Universal credit I would get nothing. Due to my works pension and industrial injuries benefit.

    Joss
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    #170153 Reply
    ChrisK
    Participant

    Gail, Joss, Yep that’s the sort sly things government do and it was one of the luckiest things in my life when I could draw my pension and having my Incapacity benefit stopped and getting those untrustworthy people of my back.

    #170304 Reply
    Spenno
    Participant

    Anybody heard any news at all

    #170309 Reply
    X

    The verdict is today isn’t it? Can’t find any info on this from the last 72hrs+

     

    Anybody know anything? Anything at all?

    #170315 Reply
    GARY AUSTIN

    i have looked every where i cant seem to get any info what so ever its like its been wiped off the internet not even any info about the previous court case hearings leading upto the final hearing

    whats going on ?

    #170316 Reply
    Spenno
    Participant

    I though the judge was ment to make a ruling on Friday and results today but I can’t find anywhere I saw that now! Hmmm 🤷

    #170317 Reply
    Gail Patterson

    Can not find anything except this. Pay particular attention to what the DWP says in paragraph 9 I think. It’s so obvious they wanted us all to claim UC. https://eachother.org.uk/department-for-work-and-pensions-faces-court-case-for-human-rights-breach/

    #170319 Reply
    Spenno
    Participant

    They’re sneaky beggers!

    #170324 Reply
    struth
    Participant

    they want us on uc as they can reduce payments and stop payments easier that way. no doubt we will get saddled with it and then, the car allowance will disappear too. i read that on ave uc pays same folk 250 quid a month less.

    no apparent decision has been released yet. although i bet one has been made. govt may be trying to change his mind.  they wont give up 3 billion to non working people(as they see it) without  offering some lordships etc… the trouble with this govt is they have been caught in so many lies and wrongs and got away with them that they dont even try to hide the obvious now.

    im glad in a way im on my way out.

    #170330 Reply
    Gail Patterson

    Still can’t find anything out. Came across these though. https://mobile.twitter.com/hashtag/MillionsMissingOut?src=hashtag_click

    #170331 Reply
    Tim

    I’d have thought the media would have been very interested to report it.

    #170332 Reply
    joss
    Moderator

    Its a media black out. Controlled by Media barons.

    Joss
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    #170335 Reply
    Mike
    #170338 Reply
    Gail Patterson

    Hi Struth. Yes you are right. That is the only comment they keep repeating : these people can always change to UC. They want everyone on UC by 2024. They can then control what we get,when we get it and how we spend it. Obviously at a loss. The calculation I done meant I would lose £250 each month.

    #170349 Reply
    Mike Cooper

    Mike

    The article you posted is regarding freedom of information about the original decision/reasoning for the £20 per week uplift.Nothing to do with the court case verdict.

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