Department for Work and Pensions (DWP) claimants could receive an additional £774 each if a court rules in their favour in the upcoming months. A landmark challenge was brought by claimants to the Court of Appeal on Wednesday, December 7, over how they were treated by the department during Covid.
During the pandemic almost two million Universal Credit claimants were temporarily given an additional £20 a week for 18 months. However, this support was not given to people on "legacy benefits", leading campaigners to argue and claim that the two-tier system was unlawful discrimination as most people on legacy benefits are sick or disabled.
A High Court Judge rejected the claim in February 2022, despite admitting it was “obvious” some would face “severe hardship”. However, on Wednesday the case returned to the Court of Appeal, where it was narrowed down to a slimmer range of dates, reports The Liverpool Echo.
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Originally lawyers were arguing that the whole 18 month policy was discrimination, and if they had won that could have meant £1,500 of back payments. However, in efforts to get at least some of the money, they have submitted a slimmer appeal asking judges to rule that the policy was unlawful in its final nine months from January 8, 2021.
This is due to the DWP arguing it was impossible to raise legacy benefits as fast as Universal Credit due to the old computer systems. A ruling will be given in the coming weeks or months by three judges from the Court of Appeal.
If the policy is found unlawful for that nine-month period, it means that legacy claimants each unlawfully lost out on £774. It would affect nearly two million claimants of Employment and Support Allowance, Income Support and income-based Jobseeker’s Allowance. The DWP would not necessarily be forced to give everyone back payments if the campaigners won, but campaigners behind the case believe it would be likely, at least partially.
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