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 - 101 through 125 (of 125 total)
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  • #170357 Reply
    Wigwam
    Participant

    From an article in the Big Issue early last week:

    “The hearing began on Wednesday at the Royal Courts of Justice in London and is due to wrap up on Friday. It could take up to six weeks for the court to deliver a decision.”

    #170604 Reply
    Mike Cooper

    This is the latest from the Solicitors Twitter feed

    Osbornes Law

    @OsbornesLaw
    ·
    30 Nov

    The final hearing for the legacy benefits case was held on 17th & 19th November 2021 and we are now awaiting the judgement. This means we do not yet know the outcome of the case. We will update our website with the decision as soon as it is made public.

    osborneslaw.com
    High Court yet to decide ESA decision
    The High Court final hearing, which challenges the decision on whether it was lawful of the Government not to give those on disability benefits the same

    #171190 Reply
    X
    #171191 Reply
    X
    #171212 Reply
    gilders
    Participant

    As a contributions based ESA claimant, I suspect that I won’t be eligible for a back payment no matter what the court ruling.

    Every time I see financial help for ESA claimants, such as help with a new boiler, free prescriptions, Housing Benefit, Cold Weather Payment, Warm Home Discount, etc it’s only for income based ESA.

    When applying for other benefits, such as Tax Credits, contribution based ESA is counted as income, whereas income based isn’t.

    The most frustrating thing is that I was placed on contribution based ESA because I worked in between relapses (I wasn’t really fit enough) and paid enough National Insurance. It feels like a punishment for trying my hardest to keep working.

    #171214 Reply
    Jono

    Well said. 👍

    #171217 Reply
    joss
    Moderator

    I am in the same boat as @gilders It feels like a punishment for trying my hardest to keep working.

    Joss
    ***🌻🌻🌻 ***
    Current car BMW X2 2.0i Sport sDrive Auto 2019 with Sport pack
    Last car Ford Focus Titanium 1.5 TDCI
    Builder of Gaming PC's

    #171218 Reply
    Jono

    Again. Well said.

    #171223 Reply
    X

    I am on income based ESA. I’ve been getting free prescriptions for the last 20 years. Started when I was 16 and diagnosed with underactive thyroid. 4 more autoimmune disorders later and I’m on 32 tablets a day with type 1 diabetes. Allowed to drive again on Dec 24th. Haven’t drove for a year because of my epilepsy. Exciting!

    #171236 Reply
    Georgie

    My older brother’s on Contribution based ESA so I’ve been following this all closely.

    “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.. ” by forcing claimants on to Universal Credit, thus losing far more than a £20 ‘uplift’ would cover.

    “and it would be inefficient and not capable of delivery via legacy payment systems”  So the DWP are suggesting that they can’t change claimants payment levels?  Seriously?
    <p style=”text-align: center;”>***</p>
    The Department for Work and Pensions (DWP) might stop or reduce your ESA because:

    you don’t have limited capability for work – this means difficulty working because you’re sick or disabled
    you’ve been getting ESA for 1 year – this only applies if you’ve been getting new style or contribution-based ESA
    they’ve recalculated your ESA – this means they’ve changed how much you get after your circumstances changed
    they’ve suspended your ESA
    they’re taking back an advance payment or an overpayment
    they’ve given you a sanction

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/problems-with-esa/esa-stopped-or-reduced/

    #171279 Reply
    lab
    Participant

    This court case is very interesting, the only reason all universal credit claimants got the extra £20 PW is because the Government could not change the law quick enough, therefore they had to pay all UC claimants. Incidently once you claim UC you cannot be moved back to any other benefit, even if they place you on UC by mistake and yes it has happened, and the poor people ended up considerable worse off.

    I also claim contribution based ESA in the support group after being moved from incapacity benefit, you can get free prescriptions on CBESA, but you have to apply through the NHS, and it is calculated on household income. Means tested benefits like housing benefit can be claimed while on CBESA at a limit of £6k savings with deductions if you have more saved, CBESA has a limit of £16k.

    My personal view is the Government through DWP try to make it as hard as possible for people claiming CBESA because you have worked and in their eyes more likely to return to work, so they make it harder to survive. There is not a CBESA couples rate? I still receive a P60 each year as CBESA is taxable.

    I expect many members can recall the backdated money owed to CBESA claimants who should have received income based ESA or at least top-ups when moved onto ESA. The DWP turned me down for the backdated money, no explanation why, but since I had a huge argument earlier in that year with the DWP, I was not surprised.

    Warm front has two qualifying criteria, the core group which includes income based benefits and the second group which is set by your own supplier, I qualified while with EDF now I am with EON I don’t qualify because their own rules are different to EDF.

    #171489 Reply
    Gail Patterson

    Yes they did this to my daughter her partner and two kids. They told my daughter she would have to go in to supported accommodation after she was lot on pip. They took all money off them leaving them with less than £100 a month to live on. They ended up in rent arrears and no food. They told them if you want help you will have to claim UC. Her partner was working at the time too. They are evil scum.

    #171559 Reply
    X

    Show me the money!

    #172649 Reply
    Gail Patterson

    Six weeks tomorrow since court case ended. Anyone hear anything?

    #172654 Reply
    Spenno
    Participant

    http://www.osborneslaw.com

    Apparently any updates will be posted on this website when released!

    #172843 Reply
    daveblue
    Participant

    Yes i was transferred from ib to esa CB group and due to a very small pension that i am under the £85 rule that i do not pay tax which as you may know Invalidity and IB you never payed tax on, anyway like said you have to apply for help with an nhs H2 and also if thy start charging us over 60s with prescriptions which i had an exemption from which due to getting my free prescriptions’ now will i have to get the exemption again.Another thing is when i get my state pension it is more a week than ESA will i lose out again and then have to pay tax i do not know.

     

    #174200 Reply
    GARY

    is there any news yet ?

    #174212 Reply
    Bingo

    This could be good timing for us legacy benefit claimer as Boris is in a whole lot of trouble at the moment so may be looking to boost his reputation and do the right thing I think the wind is with us on this one but who knows maybe we will find out in April new finacial year

    #174342 Reply
    TheSUVGuy

    The govt has apologised to 118,000 disabled and ill people who saw their benefits mistakenly cut when they were transferred over to a new system. The Department for Work and Pensions says it has since corrected the error and paid arrears totalling £613 million to those affected.

    I just read this on Twitter, good news, about to google

    #174343 Reply
    TheSUVGuy

    Independent reporting that people will be paid, many demanding that they should also be compensated too which I agree with

    #174360 Reply
    Retired&Lovingit

    <p style=”text-align: left;”>TheSUVGuy , does this relate to this particular case or something else as I can’t seem to find any other information on it anywhere else ?</p>

    #174365 Reply
    Spenno
    Participant

    That is a different case I’m afraid, that isn’t about the legacy benifits

    #174638 Reply
    peter bryan

    Quando, quando, quando?

    #174715 Reply
    Aygo1991
    Participant

    Quando, quando, quando?

    Indeed. That said, I thoroughly enjoy many cover versions of this song 😄.

    Motability cars:

    2015 RR Evoque AWD 2.0 TD4 SE Tech - written off
    2017 Toyota CH-R 1.2T Dynamic CVT AWD - written off
    2019 BMW X2 2.0L Sport

    #174770 Reply
    peter bryan

    Yep, but none surpasses Engelbert’s version.

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