DWP update: Millions of benefit claimants could get £1,560 after High Court case | Personal Finance | Finance
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Around 2.4 million enititled people could each receive a benefit backpay of £1,560 pending the outcome of a court case against the Department of Work and Pensions. The court case was brought on by benefit claimants who believe an “unfair” bonus was given to Universal Credit claimants during the pandemic. Those on Universal Credit saw a £20 uplift per week over 18 months, while those on other state benefits missed out.
Britons on legacy benefits are said to have “missed out” on this crucial financial support package, which was introduced in the early days of the pandemic to assist struggling households.
Legacy benefits existed before the introduction of Universal Credit, which include Jobseeker’s Allowance and Employment and Support Allowance (ESA).
The legacy benefits involved in the court case are:
• Income-related Employment and Support Allowance (ESA)
• Income Support
• Income-based Jobseeker’s Allowance (JSA)
Two disabled people on ESA brought the case to court as they believe they were discriminated against because they did not receive the uplift.
READ MORE: State pension age review: Britons urged to tell DWP what they think about changes
The pair were subsequently joined by claimants on Income Support and JSA.
They are arguing that Britons who missed out on the £20 increase on their benefit payments should be awarded the money they missed out on.
This could result in claimants getting £1,560 in back payments.
This is calculated by taking into account the 12-month Universal Credit uplift from March 2020, which came to £1,040, and the six months of the payment extension till September, which was worth £560.
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Osborne’s Law, who represent the claimants said: “The failure to extend the uplift to those on ESA unlawfully discriminated against them as disabled people contrary to the European Convention on Human Rights.
“The claimants argue that it has become increasingly untenable for those claimants on legacy benefits to be treated differently from those on UC as they all face the same consequences of the pandemic.
“To continue to exclude those from legacy benefit from the uplift is risking the establishment of a two-tier social security system.”
The initial case at the High Court was heard by a judge over two days in November 2021 with a judgement being expected in the very near future.
William Ford, a solicitor with Osbornes Law continued: “This unfairness calls for a properly evidenced justification, particularly as almost two 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.”
Lynn Pinfield, 51, from West Lothian, was diagnosed with multiple sclerosis (MS) in 2018 and is unable to work as a result of her condition.
She claims ESA, so was denied the £20 lifeline given to Universal Credit claimants.
In a statement ahead of the hearing, she said: “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.”
A DWP spokesperson said: “We do not comment on live court cases. Those on legacy benefits can make a claim if they believe they will be better off.”
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