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The DWP has lost yet another court battle as it tries to deprive disabled claimants forced onto universal credit (UC) of the benefits they should be entitled to.

The DWP had already lost the two cases under consideration, known as TP and AR, at the High Court.

They involve cutting the benefits of claimants who were naturally migrated from legacy benefits such as ESA onto UC when they had a change of circumstances, such as moving house to another local authority area.

In this case the claimants were £180 a month worse off because of loss of enhanced and severe disability premiums.

The High Court had found that the loss of benefits was unlawful discrimination.

As a result the DWP changed the regulations, but this has still resulted in the claimants being worse off than if they had stayed on their original benefits.

Meanwhile, the DWP took the original cases to the Court of Appeal.

But yesterday the court threw out their challenge and ruled once again in favour of the claimants, finding that the reduced payments are discriminatory.

The DWP have seven days to decide whether to appeal to the Supreme Court.

Comments  

+1 #3 Kri 2020-02-04 11:50
This should mean that this court judgement has the effect that those in the Support Group of ESA AS WELL as those on PIP can also now not be moved on to #UniversalCredi t ?
#2 Mr B 2020-01-30 20:23
Quoting mrfibrospondodysthmatic:
You couldn't make it up if you tried. And the saga continues.


I agree Mr FSA, the saga in this case continues at least for 7 days! What I think is important though is whilst its absolutely wicked that the Government is acting against disabled people in this way we should still recognise that this latest defeat of the Government in the courts is to welcomed even though this may not be the end of this particular matter! I hope you may also agree that an unremitting emphasis on 'doom and gloom' without also offering a glimmer of hope may play a part in some very undesirable consequences for some benefit claimants at least.

I will give you an example to illustrate what I mean. Many years ago on this forum when we were discussing welfare 'reforms' under the Labour government then in office there was a tremendous amount of what I call 'doom and gloom mongering' by a small number of members even though at that point NO changes had actually been made! This doom and gloom speculation however seemed to have a very bad effect on some members who were already close to the edge as it were because of their own health condition to start with. One such B&W member who I was also in touch with personally sent me an email one day saying that she would be taking her own life at a particular time that day and she asked me to contact a member of the House of Lords to inform him what she had done! By great good fortune I had her address so I contacted the police (she lived a very long way away from me) and they did a welfare check, went round to see her and made sure she was kept safe.

It is because of this (and other) experiences I've had that I believe an undue emphasis on the doom and gloom 'narrative' without however also offering even a glimmer of hope can on occasion at least contribute to a fatal outcome for some extremely vulnerable claimants!

Food for thought perhaps!
#1 mrfibrospondodysthmatic 2020-01-30 16:06
You couldn't make it up if you tried. And the saga continues.

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