High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
It's a shame we aren't still in the EU, the case could go to the 'court of Human Rights'? .
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Some hope around the corner!
Edited 21/2/22
Interesting cases
Benefit cap
DA and Others
DA and Others v Secretary of State for Work and Pensions - This Court of Appeal decision allows a DWP appeal against an earlier High Court decision, which found that the rules applying the benefit cap to lone parents with children under two was unlawful. The Court of Appeal have allowed a further appeal to Supreme Court.
Hurley
Hurley and others v Secretary of State for Work and Pensions - This High Court decision finds that the benefit cap is unlawful because it discriminates against those entitled to Carers Allowance who provide care to relatives such as a parent or grandparent, or a disabled child aged 18 or over.
https://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/court-decision-summaries
Last edited by D.Appleby on Mon Feb 21, 2022 9:33 am; edited 1 time in total
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Pintel wrote:Your quite right #Absolut, about 'requirements of business'. Seems claimants are nothing more than a commodity. Moreover, did we really expect any different outcome, between two gov run departments (dwp & The Courts ).
It's a shame we aren't still in the EU, the case could go to the 'court of Human Rights'? .
This may be helpful Pintel:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1038601/human-rights-judgments-2021-print.pdf
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
More details...The government paid everyone on universal credit £20 per week from April 20 to October 21 but not to the disabled on Legacy Benefits. We all struggled the same and a lot of disabled people even more than others during the pandemic so I want it paid to them backdated.
https://petition.parliament.uk/petitions/608486
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
William Ford, partner at Osbornes Law, who represents all four of the individuals who brought the judicial review challenging the failure to extended the £20 uplift to those on legacy benefits, said: "The court’s decision is a devastating blow to more than two million people who we consider were unjustly deprived of the £20 uplift given to those who receive Universal Credit during the pandemic.
"It is deeply unfair that those on so-called legacy benefits should be discriminated against in this way and we will look to see if we can continue to fight the Government on this issue to get our clients and everybody else on legacy benefits justice."
https://www.birminghammail.co.uk/news/cost-of-living/dwp-court-case-petition-backpay-23244638.amp
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Legacy benefits fight goes on
Published: 28 February 2022
The claimants in the legacy benefits case which was lost in the High Court are continuing the fight by applying for permission to appeal the decision.
As we reported earlier this month, four legacy benefits claimants brought a case against the DWP claiming that excluding them from the £20 uplift given to universal credit claimants was discriminatory.
That case was lost in the High Court. But the claimants have now applied for leave to appeal the decision.
This is the first step in the process of trying to get the decision looked at by the Court of Appeal.
The initial request for an appeal is likely to be refused by the High Court, who are unlikely to want to admit the possibility that their decision was wrong.
However, a request can then be lodged with the Court of Appeal itself, where there is a much better likelihood of the appeal being accepted and even won.
cont...
https://www.benefitsandwork.co.uk/news/legacy-benefits-fight-goes-on
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
https://osborneslaw.com/news/high-court-decides-on-uplift-to-legacy-benefits/
(Sorry if the link doesn't work. My council must think this is a subversive site because the library computers refuse access to it, and hyperlinks and phones hurt my head).
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Ignatius wrote:Apparently permission has been granted to appeal to the Court of Appeal.
https://osborneslaw.com/news/high-court-decides-on-uplift-to-legacy-benefits/
(Sorry if the link doesn't work. My council must think this is a subversive site because the library computers refuse access to it, and hyperlinks and phones hurt my head).
The link works fine on my Tablet. #Ingatius .
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Whilst the Court accepted that the regulations increasing the rate of UC in March 2020 (and those extending it March 2021) did not distinguish between new UC claimants and persons already in receipt of UC (with the effect being that all UC claimants received the uplift), Mr Justice Swift did not consider this affected the justification advanced by the SSWP.
The over-riding message in the MSM in connection to the "cost of living" crisis is that the DWP should raise UC by £25 per week. As the judgement in the above case says it was ok for the DWP to pay UC claimants more money during the pandemic but not legacy benefit claimants, then it goes to follow that the same discrimination will occur under the "cost of living" crisis.
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
No wonder their always laughing.
https://www.opendemocracy.net/en/dark-money-investigations/revealed-mps-claimed-420000-on-expenses-for-their-energy-bills/
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
I don't normally believe too much of what I read in Reach Media publications. However, they do quote one of individuals who is party to the case so this article may be reliable.
https://www.dailyrecord.co.uk/lifestyle/money/legacy-benefits-legal-challenge-update-27890430
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Appeal over the £20 p/w uplift to be heard 7 December according to this. I am sure we will all be eagerly awaiting the judgement.
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
Details here https://www.dailyrecord.co.uk/lifestyle/money/legal-benefits-appeal-hearing-livestream-28673043
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
https://www.stokesentinel.co.uk/news/uk-world-news/dwp-legacy-benefits-claimants-could-7980171#amp-readmore-target
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
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Re: High Court challenge piles pressure on DWP to extend £20 uplift to all benefits
https://www.thecanary.co/uk/2023/04/24/cost-of-living-payment-denied-to-over-million/
After reading this article on '1.6 million people to miss out on second cost of living payment'.
This sounds like the '£20 uplift' Saga all over again ? Where claimant's of certain benefits where 'allegedly' discriminated against...
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» CPAG takes DWP to the High Court again!
» Single mothers win landmark universal credit battle with government in High Court
» High court rules in favour of carers over two-child benefits cap
» Adult Training providers join forces to challenge Justine Greening in court
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