Results 1 to 2 of 2

Thread: 'Forced' to claim UC - DWP lose again

  1. #1
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,820

    'Forced' to claim UC - DWP lose again

    In the ongoing saga of Transitional Protection given to those who 'naturally migrate' to UC there has been an important development.

    This is about those who had to claim/migrate to UC because the DWP made a wrong decision to stop their legacy benefits, and that decision was later revised/overturned.

    It's been a long case so I'll try to summarise it:

    This case revolved around two claimants who's legacy benefits (one was IS the other ESA) had been stopped, so they had to claim UC (natural migration) losing money in the process.
    Those decisions to stop legacy benefits were then revised/overturned, but the claimants still had to stay on UC with the reduced payments.

    The claimants went to the High Court to argue that this had only happened because of a DWP decision error and nothing else so it was in contravention of the European Convention on Human Rights to reduce their benefits, and that they should either be returned to their legacy benefits or given Transitional Protection in UC.
    The High Court ruled in the DWP's favour saying there had been no breach of the ECHR.

    The claimants then went to the Court of Appeal who overruled the High Court ruling and said a breach of ECHR had been made, the Court of Appeal ordered the DWP to rectify the situation but left it to the DWP as to whether return them to legacy benefits or apply Transitional Protection in their UC.

    The DWP then applied for permission to appeal to the Supreme Court against the Court of Appeal's decision.

    The DWP's application to the Supreme Court was refused on 26 February 2021 meaning that the legal proceedings have now finished and the SSWP (the DWP) will now need to take steps to implement the Court of Appeal judgement.

    This now means that anyone who had to claim/migrate to UC because a wrong decision by the DWP closed their legacy benefits, and who lost money as a result of that natural migration, should now either be returned to their legacy benefit or given extra money in UC in the form of a Transitional Element to make up for what they have lost.

    Of course for it to be shown to be a wrong decision by the DWP to stop the legacy benefit you will have had to have challenged that decision to stop legacy benefit and won.
    If you didn't challenge the decision to stop legacy benefit then you can't show it was a wrong decision.

    It's unclear just how many people this will apply to.
    There will be those who didn't challenge the decision to stop legacy benefit.
    There will be those who did not lose money by migrating to UC so wouldn't get any TE anyway.

    Just how and when the DWP are going to put this right we will have to wait and see.
    I expect it will be in the form of a Transitional Element added to UC, with yet another 'trawl' exercise to find out just who was affected.
    It won't be as simple as the SDP TE because there will be many different amounts that could have been lost depending on which legacy benefit, at what rate, was stopped.
    Any one of ESA, IS, HB, or JSA could have been stopped in error 'forcing' a claim for UC to be made.

    Another legacy/UC mess entirely of their own making for the DWP to sort out. Well the governments making really.
    There are so many recently it's getting hard to keep track of them all. (And another one is looming about the £20 covid uplift).

    A few more details of the actual cases and the court proceedings can be found here:
    https://cpag.org.uk/welfare-rights/r...nal-protection
    Last edited by nukecad; 03-03-21 at 16:38.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #2
    Senior Member Sky's Avatar
    Join Date
    Jan 2017
    Location
    Southern England.
    Posts
    226
    Thanks Nuke, interesting stuff. They really are a bunch of Muppets aren't they?

    Luckily, I've not been affected by this as I'm still on legacy benefits. Hopefully, that's how it will stay, but I doubt it - it's only a matter of time.

    WRT the Covid uplift, I consider that to be a cash builder. It may take a year or two, but I'm convinced they will be forced at some juncture to pay legacy benefit claimants the same amount. The longer it takes, the more cash it builds into the back-pay they will owe us. Maybe I'm too much of an optimist on this one, but here's hoping huh?

Similar Threads

  1. Forced to claim Universal Credit whilst Appealing old style esa
    By Djt42 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 15
    Last Post: 28-08-20, 04:13
  2. Universal Credit(yet again again again)
    By StueyR in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 19-05-19, 07:04
  3. Failed esa medical and forced to claim job seekers allowance
    By hayes19961 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 03-04-15, 00:30
  4. failed esa medical and now being forced to claim job seekers allowance
    By hayes19961 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 02-04-15, 13:02

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •