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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Group Claims for Recovery of SDP & EDP

 

Ryan Bradshaw
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Leigh Day, Manchester

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Hi all

I am back on these discussion boards after a very long absence.

Following the excellent result achieved by my colleagues, in R (TP and AR) v SSWP [2018] EWHC 1474 (Admin), I am now looking at bringing a group claim on behalf of all of those who have lost out on their entitlement to SDP & EDP as a result of their natural migration to UC. We don’t think the proposed transitional payments are sufficient and we think the Government ought to compensate people for the stress that they have suffered.

I am particularly looking at cases where the transition to UC was as a result of a move to a new LA and/or an error but think any loss of SDP & EDP is potentially challengeable in light of the new Regulations.

I have attached the presentation I delivered to NAWRA in Salford on this topic.

If anyone would like further information please feel free to get in touch on here or by contacting me at work https://www.leighday.co.uk/Our-experts/Senior-staff/Ryan-Bradshaw.

     

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Elliot Kent
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Questions:

(1) Is this a money claim rather than a JR of the TP Regs then?

(2) Are you interested in cases where people will have missed out on the SDP compensation entirely despite having lost out financially - for example where the claimant was entitled to SDP on transition but has subsequently acquired a carer and therefore doesn’t qualify for the payment at all?

(3) Do you think that claimants who receive inadequate SDP compensation ought to pursue FtT appeals as, if the Carmichael #2 Supreme Court appeal is successful, then the FtT will be able to concoct a remedy without any costs risk?

      [ Edited: 5 Mar 2019 at 04:23 pm by Elliot Kent ]
Ryan Bradshaw
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Leigh Day, Manchester

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Elliot Kent - 05 March 2019 04:16 PM

Questions:

(1) Is this a money claim rather than a JR of the TP Regs then?

(2) Are you interested in cases where people have missed out on the SDP cases entirely despite having missed out - for example where the claimant was entitled to SDP on transition but has subsequently acquired a carer and therefore doesn’t qualify for the payment?

(3) Do you think that claimants who receive inadequate SDP compensation ought to pursue FtT appeals as, if the Carmichael #2 Supreme Court appeal is successful, then the FtT will be able to concoct a remedy without any costs risk?

Hi Elliot

(1) The original JR is still ongoing as it is subject to appeal, I am not wanting to create two separate leading cases on this issue. The focus of this claim would be on recovering monies pending the outcome of that appeal and in the interim hopefully motivate the Government to increase the proposed transitional payments. The venue for issue and method by which we pursue the claim will be determined by the number of clients we have.

(2) If SDP EDP was in payment immediately prior to transfer and then removed then we would look at bringing a claim but this may not be for some time while we concentrate on bringing claims for those whose circumstances are analogous to those found in TP & AR and TD & AD.

(3) I don’t think that is a bad idea, it depends on whether the FtT advisor is confident in bringing those types of arguments and confident on the prospects of success in Carmichael #2. Of course all of us at Leigh Day are hoping Carmichael #2 succeeds. The benefit of bringing claims outside the FtT is that we already have a pretty solid judgment on liability so the costs risk is as minimal as it is ever likely to get and we should only be arguing about the remedy in front of Judges who know the cases and have already been prepared to find in the Claimants’ favour. Additionally we can group together claims so people who might struggle to participate in proceedings can still get the benefit of the action as the more motivated participants can be used as lead Claimants.

Hope that answers your questions and gives a bit of insight into our thinking.

     
Elliot Kent
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Ryan Bradshaw - 05 March 2019 04:36 PM

Hope that answers your questions and gives a bit of insight into our thinking.

It does. Interesting - thanks.

 

     
Ryan Bradshaw
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Leigh Day, Manchester

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To make it easier for people to sign up we now have a section on our website where you just need to fill in a simple online form to register an interest in the claim. There are also some FAQS on there.

https://www.leighday.co.uk/Employment-discrimination/Current-cases/Universal-Credit-group-action

     
Ryan Bradshaw
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Leigh Day, Manchester

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UPDATE

Following TP AR & SXC, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 1127 (Admin) (https://www.bailii.org/ew/cases/EWHC/Admin/2019/1127.html) we are now opening up the claims to anyone who lost their SDP or EDP as a result of a migration to Universal Credit prior to 16 January 2019. We think this covers over 10,000 people.

Client care letters are out for the first group of Claimants and we will be sending pre-action correspondence imminently.

In the first instance we would be grateful if referrals could be passed through the online portal but are happy to chat things through with any advisers who have questions.

Remember the DWP compensation scheme is merely a finger in the dam.