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Catherine Furze

DWP legacy benefits claimant will not receive £20 uplift as Appeal Court dismisses case

People who claim legacy benefits have been left disappointed after an appeal over the £20 Universal Credit weekly uplift which was not paid to them during the coronavirus pandemic was dismissed by the Court of Appeal.

The appeal - which was brought by four claimants against the Department of Work and Pensions (DWP) - centred around whether it was fair to exclude old-style legacy benefits from the £20 per week extra support paid to Universal Credit claimants during the pandemic. The extra £20 a week boost was given for 18 months to help with additional costs incurred during lockdown and beyond, but the same rate increase was not passed on to those on so-called legacy benefits, which were paid before Universal Credit was introduced, such as Jobseeker’s Allowance and Employment and Support Allowance (ESA). These benefits are gradually being phased out in favour of Universal Credit, but many still receive the old benefits.

In the original court case, lawyers representing the four who brought the legal challenge argued that those on legacy benefits faced the same financial pressures as those on Universal Credit, and the Government's decision not to treat them the same amounted to unlawful discrimination. Two of the claimants are in receipt of ESA and the third and fourth claimants are in receipt of Income Support and JSA respectively.

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