High Court rejects claim that Covid-19 £20 ‘uplift’ discriminated against legacy benefit claimants
The legacy benefit claimants that challenged the government’s decision not to apply the £20 per week ‘uplift’ to their claims in the same way as to universal credit claims have lost their case.
The High Court decision includes -
The central question raised by the Claimants’ discrimination claims is whether it was lawful for the Secretary of State to direct her attention to the position of new benefits claimants – all of whom would have made claims for Universal Credit. I consider that she was. New benefits claimants would need to adjust to a loss in income. They would be affected differently to persons already claiming benefits. Given the objective pursued by the 2020 Regulations and the circumstances in which the decision to make those Regulations was made, legal scrutiny of the decision to make the 2020 Regulations must allow the Secretary of State a degree of latitude. All this being so, the distinction between the legacy benefits personal allowances and the Universal Credit standard allowance, consequent on the 2020 Regulations, rested on sufficient reason.’ (paragraph 31)
The judgment is available from bailii - https://www.bailii.org/ew/cases/EWHC/Admin/2022/351.html - and a written summary will follow later today on rightsnet.
Osbornes Law reports that the Court of Appeal has granted permission to appeal against the High Court’s judgment: