Nearly two million Britons could soon be awarded £774 each, after a landmark challenge was brought to the Court of Appeal over the DWP 's treatment of benefit claimants during the Covid pandemic.
Now, the top court will decide whether or not millions of Brits should be paid to people who missed out on a £20-per week 'top up' that was given for 18-months. The £20 boost was given to millions of Universal Credit claimants, but not those on old-style 'legacy benefits'.
This means that millions of benefit claimants missed out on the extra cash, but they could soon have the money backdated if the Court of Appeal grants the legal challenge. It was brought to the court by four claimants, who have accused the DWP of "unlawful discrimination".
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Campaigners say that most people on legacy benefits are sick or disabled, which meant that they were in need of the extra cash that was not awarded to them during the height of the coronavirus pandemic. However, in February, a High Court judge rejected their initial claim - suggesting that it was "obvious" that some people would have faced "severe hardship".
But, last week, the case returned to the Court of Appeal and judges are set to make a decision on the backdating of payments in the next few months. Originally, lawyers argued the whole 18-month policy was discrimination. If they’d won, that could have led to £1,500 of back payments, the Mirror reports.
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This time they submitted a slimmer appeal, asking judges to rule the policy was unlawful in its final nine months from January 8, 2021. This is because the DWP argues that it was impossible to raise legacy benefits as fast as Universal Credit, due to old computer systems.
Jamie Burton KC, for the four claimants, accepted that there "clearly were some technical problems" at first. However, he told the court that the DWP should have acted within 18 months.
He added: "We don’t accept that for the duration of the measure." A trio of 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 that legacy claimants unlawfully lost out on £774 each.
And this could affect nearly two million claimants of Employment and Support Allowance, Income Support and income-based JSA. However, 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. Their barrister, Mr Burton, told the court that the decision was “entirely arbitrary” and had “profoundly adverse implications for disabled people, as they were disproportionately affected by increased prices during the pandemic”.
He told judges that six in 10 people who were using food banks back in 2020 were disabled. But the DWP has contested the appeal and claim that their policy was "clearly lawful".
The DWP's barrister told the court: "Legacy benefit claimants were entitled, and have always been entitled, to claim Universal Credit. If they wish to have the advantage of the Universal Credit system, including the payment levels, they can simply claim it."
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