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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The claimants argued that the treatment was unfair and that they should get back payments to compensate them for extra help they did not receive. They lost the case last February but were granted permission for an appeal, which started before Christmas. However William Ford KC, the solicitor from Osbornes Law who represented the four claimants, confirmed in a statement on the law firm’s website that the High Court had upheld the ruling and those of legacy benefits will not get a payout.
The Court of Appeal accepted that people on legacy benefits such as the claimants had been treated less favourably as a group and it was also accepted that there was indirect discrimination on the grounds of disability, however Mr Ford KC said in a statement: “Whilst the Court accepted that those on legacy benefits were ‘undoubtedly vulnerable’, the Government had made a hard choice to prioritise those in the labour market, who they anticipated would become unemployed as a result of the pandemic.”
But legacy benefits claimant Paul Curry, of Forest Hall, was bitterly disappointed and said he still struggled to understand why he was being treated differently, as everyone who claimed Universal Credit was fiven the uplift, whether they were working on not.
"I have no problem with working people getting the uplift and it it was just given to them, I would not expect anything," he said. "But that was not the case, and I can't understand why we have been treated differently. As far as I am concerned the £20 uplift was rightly given to working people on Universal Credit as they lost income if they were furloughed or had their hours cut due to Covid.
"But the Government gave it to everyone on Universal Credit, working or not. So surely the Government should either give the £20 uplift to everyone who was not working, regardless of whether they are on legacy benefits or Universal Credit, or claw back the money from those on Universal Credit who weren't working at the time."
Paul, 42, who receives ESA, said: "It's not the money really. I am not greedy. I am more bothered about the unfairness of how people on one set of benefits have been treated differently to others on another type. "I absolutely understand why people who were furloughed need the extra to top up their furlough money, but those not working had no additional expenses. . I am on ESA until I have my next review this year - there's nothing at all I can do about that. It's unfair that I have been treated differently and I am absolutely shocked about it."
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