The Court of Appeal will finally hear the legacy benefits £20 uplift case tomorrow, Wednesday 7 December and the hearing will be livestreamed on YouTube.

Readers will remember that back in February of this year four claimants brought a claim against the DWP for failing to give them the same £20 uplift that was given to universal credit (UC) claimants during the pandemic.

The four legacy benefits claimants argued that the failure to give them the same uplift was discriminatory.

The High Court accepted that there were a greater proportion of disabled people on legacy benefits and that disabled claimants on legacy benefits were in the same position as disabled claimants on UC.

However, the judge held that the difference in treatment was justified because the DWP said it was done with the intention of providing additional support to people who had lost their jobs as a result of the pandemic and were forced to claim UC for the first time.

The judge accepted this in spite of the fact that all UC claimant, not just those who had recently lost their jobs, were given the uplift.

Fortunately, the claimants were able to continue the fight and the case will finally be considered by the Court of Appeal on Wednesday 7 December, although it will be some time after that before a decision is made.

The hearing will be livestreamed on YouTube. 

A link has not yet been published, but it will be available on this page under the heading Re: T & ors (claimants/appellants) v The Secretary of State for Work and Pensions (defendant/respondent) when it goes live, with hearings usually starting at 10.30am

 

LIVE LINK NOW AVAILABLE

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    HappyHappy2 · 1 years ago
    Hello to anyone listening to this live - I've followed the link to YouTube from the Court of Appeal page & it just says:

    "This channel doesn't have any content"

    Does anyone have any suggestions?

    Thanks
  • Thank you for your comment. Comments are moderated before being published.
    Linda · 1 years ago
    I'm listening to this. What I don't understand is the DWP point that the £20 was to cushion people being out of work for the first time, yet it was paid to all UC claimants regardless of their circumstances. And much is made of the fact that these people need to be available for work when it becomes available again. Then there is the issue that it was only paid to UC because the 'system was there and available' . So either it was to cushion people being out of work for the first time who could at that point ONLY claim UC, or it was because it was too difficult to do it on the legacy benefit IT system. They want it all their own way. It sounds like smoke and mirrors to me. They knew it was wrong when they did it, they still know it's wrong, but they will never admit that or put things right.
    • Thank you for your comment. Comments are moderated before being published.
      Jan · 1 years ago
      @Linda Totally agree with you !
      I’ve just watched this and I’m no legal expert but have a little knowledge interpreting the legal jargon. 
      Am I right in concluding.. Due to many claimants being moved over to UC as part of the DWP migration to UC , they were then entitled to this extra £20 rather than it being awarded solely to UC claimants that had lost their jobs due to pandemic ?
      The argument seems to be the disruption to claimants lives , disabled people suffered the same if not more disruption and distress than unemployed people being changed from one benefit only by its name change from one benefit to another ? ? ? 
      Disabled people have already had to jump through hoops and subjected to voluminous amounts of paperwork and humiliating assessments in order to claim their entitlement to disability which no one wants to be classed as rather than ‘signing on’  to claim a benefit short term to help whilst finding a job !!!!

    • Thank you for your comment. Comments are moderated before being published.
      Marion F · 1 years ago
      @Claire Yes, the Cost of Living Payments make an even bigger mockery of their lie, “too complicated to pay the £20 uplift to those on legacy benefits.” But you have to keep it in mind, DWP will continue to discriminate against us, as they know they’re unlikely to be closed down😭😡
    • Thank you for your comment. Comments are moderated before being published.
      Marion F · 1 years ago
      @Linda They’re now at the stage that they can’t even get their lies straight, but they don’t care & know nothing will stop them continuing to hound & discriminate against disabled people & claimants.
    • Thank you for your comment. Comments are moderated before being published.
      LisaM · 1 years ago
      @Claire Well said. 
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      Claire · 1 years ago
      @Linda The judge has the measure of this by saying it comes as close to direct discrimination as it can.None of the dwp answers stand up to scrutiny.As was said there is a Christmas bonus payment made on system and cost of living now,so to still say computer says no is ridiculous.All about the labour market apparently more important than shielding highly vulnerable disabled people.Imagine being told you will likely die if you get covid and to isolate indoors for months.How is that less needy than someone who lost their freaking job.
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    tom · 1 years ago
    The case will finally be considered by the Court of Appeal on Wednesday 7 December, although it will be some time after that before a decision is made. How come they can't or won't make a decision  at the end of the hearing ,?
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      MrFibro · 1 years ago
      @Mr B Mr B

      The Tories just love things to go away with time, and especially with the countless deaths caused by the tory benefits regime OVER THE PAST 13 YEARS.  No one has accepted responsibility, nor has anyone been made accountable for these death.

      It's all conveniently hushed up, and forgotten about.  And none seems to want to fight our corner over this!!!!


    • Thank you for your comment. Comments are moderated before being published.
      tom · 1 years ago
      @Mr B If it takes that long which is ridiculous,  We should get INTEREST at 10% on top of  the £20 per week back pay we are owed
    • Thank you for your comment. Comments are moderated before being published.
      Jan · 1 years ago
      @Tashaj Seriously.. NEXT YEAR ????
    • Thank you for your comment. Comments are moderated before being published.
      Mr B · 1 years ago
      @Tashaj Yes, hopefully there may be a final decision by Christmas next year, with the emphasis on the word hopefully!  The DWP does have rather a habit of losing important court cases, strangely enough (for them!) they do also sometimes throw in the towel if they lose at the Court of Appeal, sadly however, and because of the implications of this case, I would anticipate them seeking leave to appeal to the Supreme Court if they lose.  Naturally I want the DWP claimants to win, however I am not of course an impartial, "disinterested" person re this case whereas the role of the judges is to be impartial and to consider the case on its legal merits.  So far I have only listened to the benefits claimants case and the start of the DWP's case being outlined in court and as a non lawyer it does seem to be very complex.   We will just have to wait and see what eventually happens but I realise of course that this very lengthy process is very frustrating for us all!

      Kind regards

      Mr B
    • Thank you for your comment. Comments are moderated before being published.
      Tashaj · 1 years ago
      @Mr B Should hear of a final decision by Xmas nxt year then, hopefully!! It's all a long waiting game. Think we've waited long enough. Should put interest on it. I'm sure that will get them moving 😆 
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