High Court challenge piles pressure on DWP to extend £20 uplift to all benefits

‘Everyone should have access to a strong social security system that protects them from harm,’ said Helen Barnard, director of the Joseph Rowntree Foundation

The Government has come under renewed pressure to raise the value of all benefits in line with the increase ministers introduced for universal credit claimants at the start of the pandemic.

New date set for legacy benefits court caseThe hearing to decide whether legacy benefits claimants should receive the same £20 uplift that universal credit claimants were awarded will now take place on 17 and 18 November.

Hundreds of thousands of people across Scotland and the rest of the UK are waiting on a judge to rule on whether the UK Government's decision not to extend the £20 uplift to those on legacy benefits to support them during the coronavirus pandemic was fair.

Doughty Street Chambers issued an update recently due to the number of people making enquiries about the outcome.

It said: “Judgment is awaited in the case.

“It is not unusual that in a case of this type and importance for many hundreds of thousands of people that judgment takes some time.”

The advisory continued: “Chambers acknowledges that many people are anxiously waiting for the outcome and are understandably contacting Jamie [Burton QC] and Chambers for an update.

“Please be assured that as soon as judgment is handed down it will be communicated. In the meantime, please bear with us.”

Pintel wrote:Thanks for the update D.A .

When the 'judgement is handed down', and if it doesn't go well for the DWP. Can they appeal and further drag out this case do you know? 🤨

Absolut wrote:"The DWP said: “It has always been the case that claimants on legacy benefits can make a claim for Universal Credit if they believe that they will be better off.”

I don't recall getting a letter while I was under house arrest about how I could switch to UC and get an extra £20 a week. If you don't know you will be better off on UC (for a limited time only) then you can't have a belief or non-belief in it. Legacy benefit claimants would have been better off financially on UC, but we (those of us on legacy) aren't stupid. We knew they would withdraw that extra money. We knew we would be left with no ability to go back to legacy if we took the carrot. Where the DWP is concerned their stick isn't usually far behind the carrot.  

Pintel wrote:"Whilst the Court accepted there was discrimination towards disabled people on legacy benefits, the Judge ruled that the difference in treatment was justified."

So its 'Ok' to discriminate but as long as you thinks its ' allegedly' justified

Sometimes it doesn’t count as unlawful discrimination if someone treats you unfairly because of who you are. The Equality Act 2010 says if someone has a good enough reason for treating you unfairly, they may be able to justify discriminating against you.

A legitimate aim is the reason behind the discrimination. This reason must not be discriminatory in itself and it must be a genuine or real reason.

Here are examples of legitimate aims:

   the health, safety and welfare of individuals
   running an efficient service
   requirements of a business
   desire to make profit.