Tens of thousands of other people with severe disabilities are economically worse off through the transition to Universal Credit
Last modified on Fri. 21 January 2022 19:07 GMT
The UK government is facing a £150 million bill after a court showed that tens of thousands of other people with severe disabilities had been discriminated against because of their more complicated financial situation after being transferred to Universal Credit.
A scathing ruling on Friday marks the fourth victory in a six-year fight for justice against the Department for Work and Pensions (DWP) brought by two disabled men whose disability was reduced by £180 a month after they moved more than five years ago. .
The men, known as TP and AR, initiated their legal challenge in 2016 and 2017, arguing that the deduction was discriminatory and caused them serious difficulties. Despite rulings in favour of the couple through the High Court and the Court of Appeal, the DWP has refused to make up for their full monthly loss, providing instead only £120.
Friday’s ruling concluded that the DWP had again discriminated against men. Judge Holgate said the Secretary of State for Work and Pensions had been unable to show “an objective and moderate justification” for her differential compensation from other people in the position. of TP and AR.
The ruling also ruled in favor of a disabled mother and child, known as plaintiffs AB and F, who had lost disability bills for children’s tax credits when they switched to Universal Credit without transitional relief. They had been discriminated against in opposition to “manifestly without moderate grounds,” the sentence said.
According to evidence provided through the DWP to the court during the lawsuit, Friday’s ruling will amount to 50,000 claimants, while the transitional aid charge will involve sums of between £20 million and £30 million consistent with one year over a period consisting of six years. coniod
Responding to the decision, TP said, “I am relieved that the approved judgment recognizes that the DWP treated us differently from other claimants for serious disability benefits and that it was a mistake to do so. The last six years have been incredibly stressful, as I’ve struggled to get by with a decline in income. I just hope that the DWP will fix all of this as soon as possible so that those of us who have been hit hard by this unjust policy can move on with our lives.
AR said: “Politics has caused me and others serious difficulties and I am glad that the court has seen the significance of our argument. Let’s hope that we have “the fourth time of luck” and that, despite everything, we have arrived. the end of the road through the fight against this unjust policy.
Tessa Gregory, wife of the Leigh Day law firm, which represented the couple, said she did not perceive why the DWP was continuing to fight the case. “After the previous 3 findings of unlawful discrimination, the DWP ensured that our consumers did not lose severe and enhanced disability benefits after their transition from legacy benefits to Universal Credit.
“Instead, after the trial, the DWP made additional attempts to circumvent this highly vulnerable organization of claimants who faced an abrupt loss of source of income when none of their disability desires changed. “
Prior to moving to Universal Credit, either man benefited from the Severe Disability Premium (SDP) and enhanced Disability Premium (EDP), which were designed to meet the desires for additional care of other severely disabled individuals living without a caregiver.
Although they were informed through DWP officials that they would get transitional relief, meaning their source of income would not replace them, when they switched to Universal Credit and their EDP and SDP bills ceased, they were deducted £178 consistent with the month, leaving them unable to meet essential care needs.
TP moved on clinical recommendation after being diagnosed with a terminal illness, non-Hodgkin’s lymphoma and Castleman disease. AR, who suffered from an intellectual illness, moved after the room tax forced him to look for less expensive accommodation. Both were automatically transferred to Universal Credit.
A DWP spokesman said: “We are reviewing the court’s ruling and will do so in due course. “