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24 September, 2021 Open access

High Court hearing to consider decision not to extend the £20 universal credit uplift to people on legacy benefits has been delayed

Reports of a lack of available judges means that challenge being taken by claimants of employment and support allowance may now not take place until November 2021

A High Court hearing to consider the lawfulness of the government's decision not to extend the £20 universal credit uplift to people on legacy benefits has been delayed.

With permission for judicial review having been granted in April 2021, the challenge, that is being taken by claimants of employment and support allowance had been due to be heard in the High Court on 28 and 29 September 2021.

William Ford from Osbornes Law, solicitor for the claimants, said earlier this year -

'We are pursuing this legal challenge based on the proposition that the pandemic means those dependent upon basic allowances are facing higher basic living costs, and yet despite their very similar circumstances, only some of them receive a Covid-specific uplift to help meet those costs. This unfairness calls for a properly evidenced justification, particularly as almost 2 million disabled people are disproportionately affected by this decision and the pandemic generally. Thus far the Government has failed to provide any objectively verifiable reason for the difference in treatment of people in essentially identical circumstances.'

However, there are reports that the hearing has now been delayed due to a lack of available judges, and that it may now not take place until November 2021.

For more information on the background to the case, see High Court challenge the denial of benefit increases for nearly 2m people with disabilities from osborneslaw.com