× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Permission given for first judicial review

‹ First  < 2 3 4 5 > 

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

Is there any movement from Govt / DWP re the loss of EDP and LCfW component (when carer’s premium is also in payment) when naturally migrated?

Sarah-B
forum member

Caseworker - Laura Pidcock MP

Send message

Total Posts: 71

Joined: 4 July 2018

I note the written answer above states they are ‘considering’ retrospective compensation for those who have lost

I’m now aware of a case which is the worst I’ve been aware of yet. A disabled Jobseeker with DP and SDP who moves to UC through a worsening of health loses £95 per week.  This is twice as much as the appellants who won in the high court.

DWP saying they can’t do anything to help because no regs yet.

Stuart
Administrator

rightsnet editor

Send message

Total Posts: 890

Joined: 21 March 2016

DWP has agreed a compensation settlement (including amounts for full actual benefit losses rather than a flat weekly rate of £80…). Tessa Gregory from Leigh Day comments -

‘We hope that the Secretary of State will now without delay compensate others in the same position and reconsider her decision to pursue an appeal against the original finding of discrimination.

Our clients also call upon the Secretary of State to urgently reconsider the draft transitional protection regulations she has laid down before the Social Security Advisory Committee which as drafted only compensate those in our clients’ position to a flat rate of £80 a month.

This plainly does not reflect the actual loss suffered by our clients and thousands like them and compounds the unlawful treatment to which they have been subjected.’

https://www.leighday.co.uk/News/News-2018/July-2018/Men-with-severe-disabilities-win-compensation-foll

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3548

Joined: 14 March 2014

Martin Williams - 12 February 2018 01:43 PM

CPAG have applied, on behalf of two claimant households, for permission to bring a judicial review regarding the lack of transitional protection, or possibility of return to legacy benefits in cases where DWP stops a legacy benefit, pushing claimant to claim UC, and the decision to stop the legacy benefit (for example negative WCA on ESA) is subsequently shown to have been wrong.

See the testcase page here: http://www.cpag.org.uk/content/universal-credit-disability-and-transitional-protection

Martin.

Written answer yesterday clarifies that paying a reduced amount for disabled children gets them ready for when they have to claim benefits in their own right!! -

In formulating Universal Credit policy for support for families with disabled children the Government’s aim was to simplify previous provision and align the lower disabled child addition with that for adults. This was in order to ensure that, for this group, the extra amounts that are payable for disability were aligned when the young person claims benefit in their own right.

Gareth Morgan
forum member

CEO, Ferret, Cardiff

Send message

Total Posts: 2002

Joined: 16 June 2010

Daphne - 24 October 2018 02:05 PM

... clarifies that paying a reduced amount for disabled children gets them ready for when they have to claim benefits in their own right!! -

Ah, so not paying benefits is simply accustoming people to the level they’ll receive after starving to death?

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2906

Joined: 12 March 2013

That excuse doesn’t stand up now that the LCW element has been abolished for new claimants (which is what these children will be when they grow up).

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

Martin Williams - 12 February 2018 01:43 PM

CPAG have applied, on behalf of two claimant households, for permission to bring a judicial review regarding the lack of transitional protection, or possibility of return to legacy benefits in cases where DWP stops a legacy benefit, pushing claimant to claim UC, and the decision to stop the legacy benefit (for example negative WCA on ESA) is subsequently shown to have been wrong.

See the testcase page here: http://www.cpag.org.uk/content/universal-credit-disability-and-transitional-protection

Martin.

This JR challenge by CPAG is being heard today and tomorrow in the High Court -

http://www.cpag.org.uk/content/disabled-households-worse-and-stranded-universal-credit-bring-high-court-case-against-dwp

 

Glenys
forum member

Housing Systems, Leeds

Send message

Total Posts: 206

Joined: 23 June 2010

I can’t find any news on the High Court decision- anyone heard anything?

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3548

Joined: 14 March 2014

I think it will be a few weeks at the least before a decision. On this one - http://www.cpag.org.uk/content/universal-credit-assessment-period-inflexibility - the hearing was end November and judgment given on 11 January and I think that was pretty quick…

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

Tom Royston has tweeted that -

‘UC transitional protection judgment today: TD & PR v SSWP [2019] EWHC 462 - gov defeat claim that unlawfully discriminatory not to give TP following incorrect SSWP decision terminating old benefit. PTA refused by HC; claimants intend to apply to CA for PTA ‘

https://twitter.com/tdroyston/status/1101438219688837120

shawn mach
Administrator

rightsnet.org.uk

Send message

Total Posts: 3778

Joined: 14 April 2010

CPAG statement:

Child Poverty Action Group is seeking leave to appeal direct to the Court of Appeal on behalf of two disabled households who were left worse off after they were forced to move to universal credit because their existing benefits were wrongly stopped by the DWP. The move follows a High Court decision today which rejected a claim of unlawful discrimination brought by the two households and refused permission to appeal.

More: http://www.cpag.org.uk/content/disabled-households-worse-universal-credit-aim-court-appeal

 

shawn mach
Administrator

rightsnet.org.uk

Send message

Total Posts: 3778

Joined: 14 April 2010

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

I’m really struggling to see how these claimants weren’t treated more irrationally and unfairly than those in the SDP case.

Jeremy Barker
forum member

Citizens Advice North Lincolnshire

Send message

Total Posts: 102

Joined: 7 September 2010

I haven’t read the judgments in detail but the one things that stands out is that the UC White Paper said “There will be no cash losers at the point of change, ensuring that no will see their benefits reduced when Universal Credit is introduced.”

The judgment quotes this in paragraph 11 and underlines it with “emphasis added” placed after the quotation. Clearly this has influenced the decision and it is technically correct that for the people involved they didn’t lose out “at the point of change”.

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3211

Joined: 7 January 2016

Mr Finch - 06 March 2019 12:59 PM

I’m really struggling to see how these claimants weren’t treated more irrationally and unfairly than those in the SDP case.

Couldn’t agree more.