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More than 300 disabled claimants have begun High Court proceedings against the DWP over lost premiums after they were moved to universal credit.

The claimants were previously in receipt of the severe disability premium. They were migrated onto UC before January 2019, when the DWP introduced the Severe Disability Premium (SDP) Gateway system. This prevents claimants from being transferred to UC if they are entitled to SDP.

As a result of being moved, each of the claimants has lost out on £170 a month.

They are arguing that they have been discriminated against under Article 14 of the European Convention on Human Rights.

The claimants are asking for compensation equal to the amount of money they have lost following their transfer to UC, for their previous level of benefits to be restored and maintained until a lawful migration scheme is established, and for compensation for the stress they have been caused.

The claim in the High Court was issued after the DWP failed to adequately respond to a pre-action letter sent on behalf of the claimants by Leigh Day solicitors.

Leigh Day believe that up to 13,000 claimants may be entitled to compensation.

You can read the full story on the Leigh Day website

Comments  

#5 frmarcus 2020-07-29 17:47
Re PIP

I do think there's a reasonable case for 'demeriting' PIP HC assessors and DWP decision makers who reduce benefit wrongly when restored at appeal.

Presently there's no disincentive not to give wrongful, reduced awards. At least those assessors and DMs who consistently (ie, statistically) under-award should be removed.

I had to appeal - successfully - withdrawal of mobility component at review. At the latest review it's been withdrawn again! So here we go with the stress of another appeal. Seems nothing was learned by DWP from the last appeal, as there's no discernible change in my condition and PIP law hasn;t relevantly changed.
#4 frmarcus 2020-07-29 17:39
I'm astonished that UC was introduced without a disability premium at least the same as under legacy benefits. Did it think people wouldn't notice, or were they expected to suck it up?

I presume it must've been considered by them and rejected. Yet surely, in the longer term, defending legal action, and losing, will cost them more than had they just included the equivalent amount ab initio?

Ridiculous.
+1 #3 Simon 2020-07-25 05:07
Hi
I am one If the claimants that leigh day is representing with regards to myself having suffered the loss of my premiums as a result of a migration to Universal Credit before 16 January 2019.

The DWP government minister terrisa godforry has failed to respond to the pre action protocol letter sent by my solicitors,
So today I received confirmation that leigh day has now gone on to send the ckaim to the Royal courts of justice.

Dependent on the response to there pre action letter they have said they seek to settle mine and hundreds of disabled people in the interim.

The government are not doing themselves any favours in not responding as they have lost two cases due to the same issues with the legacy benifit not being paid.

I hope that if anyone has been going on forced onto UC after Jan 19 but was on JSA OR IS and was receiving SDA or any other disability top ups to contact Leigh day as they are still taking cases on relating to the case.

I hope some people will read this and contact them and get justice.

Sorry about any spelling I have dyslexia.

Regards
+1 #2 denby 2020-07-24 15:00
The trouble is that the DWP know full well that some claimants, by definition already people facing a lot of challenge in their lives, cannot cope with going through MR and appeal. So the DWP reduce the benefits they have to pay out by putting such tough hurdles in peoples' paths that many drop out. This increases the injustice: it is the least able who get the least benefit, if any.
Is there any news on the legal challenge to the existence of MR that was crowdfunded?
+4 #1 mrfibrospondodysthmatic 2020-07-23 15:15
Watch how the callous DWP try their best and hardest, by spending millions of pounds trying to wriggle their way out of this one.

It never ceases to amaze me how for many many years they have gotten away with all this.

The DWP also need to be taken to court for claimants deaths, and those responsible should be brought to justice, and receive custodial sentences as crimes against humanity.

Furthermore if and when claimants get kicked of their benefits due to lies etc both by the Assessors and DWP, and the claimants go to tribunals. And the judge and pane restore their proper awards then those responsible for failing the claimants, and causing unnecessary suffering and stress, should also be in front of the old beak. And lose their jobs and be made to pay compensation.

If assessors knew this would happen, then they would be more careful and take all evidence etc into considerations before jumping onto the bonus wagon and cashing in at the claimants expense or their lives. This applies both to mental and physical disabled people. This can only be achieved if there's barristers out there who are willing to help us and take on the might of the DWP.

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