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Thread: No £20 Uplift - Finally going to High Court

  1. #1
    Senior Member nukecad's Avatar
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    No £20 Uplift - Finally going to High Court

    The big news this week:

    The legal challenge to the governments refusal to include the £20 covid uplift in IR ESA and other Income Related legacy benefits has been granted permission for a Judicial Review at the High Court.

    Two recipients of ESA have challenged this difference in treatment by way of an application to the High Court for judicial review. They argue that is it discriminatory and unjustified. The High Court has agreed it is arguably unlawful and will decide the case later this year. The Claimants have asked for the trial to be heard before the end of July 2021.
    https://www.doughtystreet.co.uk/news...ple-disability

    In summary the legal challenge is based on the proposition that it is clear that because of the pandemic those dependent upon basic allowances are facing higher basic living costs, and yet despite their very similar circumstances, only some of them receive a Covid-specific uplift to help meet those costs. This unfairness calls for a properly evidenced justification, particularly as very many disabled people are disproportionately affected by this decision and the pandemic generally. Thus far the Government has failed to provide any objectively verifiable reason for the difference in treatment of people in essentially identical circumstances.
    Last edited by nukecad; 30-04-21 at 07:46.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  2. #2
    I would have loved to have been part of this! Fingers crossed

  3. #3
    Senior Member Sky's Avatar
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    That's a step in the right direction at last.

    They don't have a chance of defending their appalling decision IMO and I'm sure at some stage in the future we should see the money in our bank accounts.

    Thanks Nuke.

  4. #4
    Senior Member nukecad's Avatar
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    I'm pretty sure that the Secretary of State (DWP) don't have a legal leg to stand on, and that it will be a quick decision once the court sits.

    The argument about different treatment for different but equivalent/identical benefits being discrimination under the Equalities Act 2010 is the same (but in the other direction) as TP/AR about SDP being lost on Natural Migration - which led to the SDP gateway and now the SDP Transitional Element in Natural Migration.

    The big question is going to be if the government can wangle their way out of backpaying what they should.
    And you can be sure that they will try.
    They tried for years with TP/AR, and are still not fully complying with those High Court rulings.
    Last edited by nukecad; 30-04-21 at 09:20.
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    Whoop!

    I said on another thread about this chill out stop worrying about it someone will bring it to court & we will end up with a nice back payment one day (hopefully)

    How many months have they paid the £20 uplift so far? In other words how much is the back pay so far?

  6. #6
    This is fabulous news. I don’t think it’ll benefit me as I only claimed ESA based on NI contributions (have more than £16k in the bank). But it’s brilliant that they’re hopefully going to be forced to stop their discrimination.

  7. #7
    Senior Member nukecad's Avatar
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    OrangeSkies,

    You are right that this will not affect awards that are only CB ESA, or CB JSA. (because of savings or income of a partner).

    Universal Credit is an Income Related benefit so any comparison is only about Income Related legacy benefits.

    But many people with CB ESA also have Income Related premiums (EDP/SDP/carer premium), and so they will also be included in any outcome.
    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.

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    I don't understand why the DWP said that it was "more complex" to change the basic rate of ESA.

    All that needed to be done was to have added the extra £20 to basic rate when the rates changed in April.

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by gbhxu View Post
    I don't understand why the DWP said that it was "more complex" to change the basic rate of ESA.
    Computer says NO.

    Just an excuse of course.

    But that was their basic answer/excuse at the time last year, there wasn't enough time to change the computer programme, it was a false/stupid excuse.

    No one took it to High Court at the time because we all thought that in an emergency it wasn't appropriate.
    But that excuse doesn't work now that they have extended it in UC but left it out leagacy again this year.

    Which is why it became open to Judicial Review again. (Complicated legal stuff as usual but to do with time limits on challenging things).
    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.

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    I think it's about £1440?

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