- This topic has 125 replies, 11 voices, and was last updated 5 hours, 6 minutes ago by peter bryan.
June 30, 2021 at 9:43 am #156669Bifter1
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.
November 30, 2021 at 11:27 am #170357WigwamParticipant
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.”December 2, 2021 at 4:13 pm #170604Mike Cooper
This is the latest from the Solicitors Twitter feed
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.
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 sameDecember 8, 2021 at 12:23 pm #171190X
<p style=”text-align: center;”>https://www.google.com/amp/s/www.dailyrecord.co.uk/lifestyle/money/universal-credit-uplift-legacy-benefits-25644351.amp</p>December 8, 2021 at 12:24 pm #171191XDecember 8, 2021 at 4:48 pm #171212gildersParticipant
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.December 8, 2021 at 4:57 pm #171214Jono
Well said. 👍December 8, 2021 at 5:23 pm #171217jossModerator
I am in the same boat as @gilders It feels like a punishment for trying my hardest to keep working.
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Builder of Gaming PC'sDecember 8, 2021 at 5:38 pm #171218Jono
Again. Well said.December 8, 2021 at 10:58 pm #171223X
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!December 9, 2021 at 11:09 am #171236Georgie
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 sanctionDecember 9, 2021 at 9:04 pm #171279labParticipant
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.December 12, 2021 at 3:59 pm #171489Gail 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.December 13, 2021 at 10:57 pm #171559X
Show me the money!December 30, 2021 at 6:08 pm #172649Gail Patterson
Six weeks tomorrow since court case ended. Anyone hear anything?December 30, 2021 at 6:34 pm #172654SpennoParticipant
Apparently any updates will be posted on this website when released!January 1, 2022 at 1:43 pm #172843daveblueParticipant
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.January 11, 2022 at 5:21 pm #174200GARY
is there any news yet ?January 12, 2022 at 12:12 am #174212Bingo
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 yearJanuary 13, 2022 at 1:21 pm #174342TheSUVGuy
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 googleJanuary 13, 2022 at 1:22 pm #174343TheSUVGuy
Independent reporting that people will be paid, many demanding that they should also be compensated too which I agree withJanuary 13, 2022 at 4:15 pm #174360Retired&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>January 13, 2022 at 6:39 pm #174365SpennoParticipant
That is a different case I’m afraid, that isn’t about the legacy benifitsJanuary 16, 2022 at 8:32 pm #174638peter bryan
Quando, quando, quando?January 17, 2022 at 6:13 pm #174715Aygo1991Participant
Quando, quando, quando?
Indeed. That said, I thoroughly enjoy many cover versions of this song 😄.
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2019 BMW X2 2.0L SportJanuary 18, 2022 at 3:00 pm #174770peter bryan
Yep, but none surpasses Engelbert’s version.