Millions of DWP claimants could be given £774 each if a top court rules in their favour in the coming months.
Claimants brought a landmark challenge to the Court of Appeal on Wednesday, over how the DWP treated them during covid. Almost two million Universal Credit claimants were given a temporary £20-a-week boost for 18 months during the pandemic.
But this was not handed to people on old-style “legacy benefits”. Campaigners say this two-tier system was unlawful discrimination, because most people on legacy benefits are sick or disabled.
READ MORE: DWP benefit claimants including Pensions, PIP and DLA set to see cash boost this week
In February a High Court judge rejected their claim, despite admitting it was “obvious” some would face “severe hardship”. So on Wednesday the case returned to the Court of Appeal, where it was narrowed down to a slimmer range of dates, the Mirror reports.
Originally, lawyers argued the whole 18-month policy was discrimination. If they’d won, that could have led to £1,500 of back payments. But in a bid to at least get some of the cash, they have now submitted a slimmer appeal, asking judges to rule the policy was unlawful in its final nine months from 8 January 2021.
This is because the DWP argues it was impossible to raise legacy benefits as fast as Universal Credit due to old computer systems.
Three Appeal Court judges will give their ruling in the coming weeks or months. If the policy is found unlawful for that nine-month period, it would mean legacy claimants unlawfully lost out on £774 each. It would affect nearly 2million 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.
Receive newsletters with the latest news, sport and what's on updates from the Liverpool ECHO by signing up here
READ NEXT:
DWP Cold Weather Payment checker: Postcode, eligibility and date of pay
Gogglebox's Marcus 'so scared' as he leaves UK with Mica
Full list of bank holiday dates for 2022 and 2023 including Christmas changes
Grinch outfit mum bought from Amazon left kids 'traumatised'
Paddy McGuinness 'gives up' as he shares glimpse inside home