The authorized group representing 4 legacy advantages claimants’ who misplaced a Excessive Court docket problem in February over the £20 weekly Common Credit score uplift, have had their software to attraction the choice rejected.
Nonetheless, the battle for arrears funds price greater than £1,500 will proceed.
One of many litigant’s concerned within the case confirmed to the Every day Document that their authorized group has now filed an software with the Court docket of Enchantment looking for permission to attraction the choose’s ruling which discovered that individuals receiving legacy advantages shouldn't be given the identical £20 weekly uplift that was paid to thousands and thousands of Common Credit score claimants through the coronavirus pandemic.
Individuals on Common Credit score acquired a £20 weekly improve from the Division for Work and Pensions (DWP) from April 2020 to October 2021 to assist them pay for extra prices incurred through the international well being disaster and subsequent lockdowns.
Nonetheless, the uplift was not prolonged to greater than two million individuals on older advantages similar to Employment Assist Allowance (ESA), Revenue Assist and Jobseeker's Allowance (JSA) - which marketing campaign teams stated disproportionately affected disabled individuals.
4 claimants introduced a problem to the Excessive Court docket in November 2021 in relation to the UK Authorities's failure to use the same improve to legacy advantages.
Two of the claimants are in receipt of ESA and the third and fourth claimants are in receipt of Revenue Assist and JSA respectively.
The courtroom accepted that there was a larger proportion of disabled individuals in receipt of legacy advantages, in comparison with disabled individuals on Common Credit score, and that each teams of disabled claimants had been in the identical place.
However, whereas the courtroom accepted that there was discrimination in direction of disabled individuals on legacy advantages, the choose dominated that the distinction in remedy was justified.
The claimants had been represented by William Ford of Osbornes Regulation, Jamie Burton QC of Doughty Avenue Chambers and Desmond Rutledge of Backyard Court docket Chambers.
Commenting on the time on the ruling, William Ford QC, accomplice at Osbornes Regulation, stated: "It's deeply unfair that these on so-called legacy advantages must be discriminated in opposition to on this method and we are going to look to see if we are able to proceed to battle the [UK] Authorities on this concern to get our purchasers and all people else on legacy advantages justice."
Following the ruling, an software to attraction the choice was submitted, which has now been rejected.
When the appliance to attraction was submitted, Mr Ford QC defined: "If the Excessive Court docket refuse permission we are able to search permission to attraction immediately from the Court docket of Enchantment.
“Please relaxation assured that we're doing every little thing we are able to to problem the Excessive Court docket judgment”.
What occurs subsequent?
If the Court docket of Enchantment grants permission to attraction the choice then the case shall be heard on the Court docket of Enchantment.
If the Court docket of Enchantment refuses permission, there may be additionally the power to ask for an oral listening to to rethink the ruling.
Petition calling for backdated funds
A petition created shortly earlier than the Excessive Court docket ruling on February 18 calling for the £20 uplift funds to be backdated to all profit claimants has acquired greater than 22,100 signatures of help and a response from the DWP.
The DWP responded: “The [UK] Authorities launched a short lived £20 uplift to Common Credit score, to make sure that very important help was given to these dealing with probably the most monetary disruption as a result of pandemic.
“For the reason that begin of the pandemic, the [UK] Authorities’s precedence has been to guard lives and other people’s livelihoods. This consists of regularly supporting people and companies.”
The response goes on to say how the £20 improve to Common Credit score was a “momentary measure that ensured very important help was given to these dealing with probably the most monetary disruption as a result of pandemic”.
The DWP assertion continues: “The choice to not embrace the £20 uplift in legacy advantages was not too long ago unsuccessfully challenged within the Excessive Court docket on the idea of discrimination, with the Court docket concluding the Rules had been justified in all circumstances.
“Common Credit score offered an important security internet for six million individuals through the pandemic, and we introduced the momentary uplift as a part of a COVID help package deal, price a complete of £407 billion in 2020-21 and 2021-22.”
You may learn the complete response to the ‘Backpay the £20 covid uplift to individuals on Legacy Advantages’ petition right here.
At 100,000 signatures, this petition shall be thought of for debate in Parliament.
To maintain updated with the end result of this attraction, be a part of our Cash Saving Scotland Fb group right here. Observe Document Cash on Twitter right here, or subscribe to our twice weekly publication right here.