High Court to rule on Government's failure to give the £20 uplift to Legacy beneficiaries

The High Court is to decide whether it was lawful of the Government not to give nearly 2million people on disability benefits the same £1040 a-year increase that it has given Universal Credit recipients.

In a decision dated 27 April the High Court granted claimants of Employment Support Allowance permission to challenge the DWP’s decision not to increase their benefit in line with Universal Credit.

At the beginning of the pandemic the Chancellor announced a £20 per week increase to the standard allowance of Universal Credit, but this vital increase to support was not extended to those on so called ‘legacy benefits’, the majority of whom are disabled, sick or carers.

Two recipients of ESA have challenged this difference in treatment by way of an application to the High Court for judicial review. They argue that is it discriminatory and unjustified. The High Court has agreed it is arguably unlawful and will decide the case later this year. The Claimants have asked for the trial to be heard before the end of July 2021.

The full story can be read at: https://osborneslaw.com/2m-without-benefit-increase-challenge-government/


  • Lilymary
    Lilymary Member Posts: 1,318

    FIngers crossed....

  • Mike1
    Mike1 Member Posts: 1,758

    Further to my comment above the final hearing will now not be held until 28-29 September. Meanwhile I wrote an email to my MP back in April and have just had a response:

    Thank you very much for your email, and for writing to me again on this very important issue. Despite your health challenges, I hope that you are well. 

    As you note in your email, in terms of Government policy which you have asked me to address, the Government have confirmed that they plan to remove the temporary £20 UC uplift this Autumn – six months longer than initially proposed - which was intended primarily to support those on UC during the pandemic while work was not an option for so many.

    Now as we return to normality, working is now an option again for most people, and the Prime Minister confirmed at the time that the motivation behind this cut was ‘getting people into work and getting people into jobs.’ However, for people such as yourself, I recognise that work isn’t always a possibility.

    Of the 5.72 million working-age people on UC as of November 2020, around 491,000 (9%) were recorded as also being entitled to either PIP or Disability Living Allowance (DLA). Among the 1.79 million claimants of ESA who were not also on UC, 1.29 million (72%) were on PIP or DLA. It is estimated that increasing ESA, JSA and Income Support by £20 a week this year would cost in the region of £1.38 billion. This estimate is however based on pre-coronavirus benefit caseloads. It is not yet clear to what extent the pandemic has affected the number of people on these benefits.

    While it is unlikely that the Government will change policy on this, or backdate this £20 uplift to include those on PIP or DLA too, I will endeavour to raise it with the Chancellor in due course.

    However, I am hopeful that you are still in receipt of PIP which undoubtedly will be helpful to you. A great number of people who are unable to work, and on legacy benefits will be entitled to this and I have made a particular point of using my office to support claims and wherever necessary appeals.

    Kind regards,

    Derek Thomas MP

    For West Cornwall and the Isles of Scilly (St Ives)

    Roughly translated - "Don't hold your breath"!!

  • Sharon_K
    Sharon_K Administrator Posts: 322

    Hi @Mike1

    thank you for sharing this, it's always good to know what is going on

    Best Wishes


  • Jona
    Jona Member Posts: 323

    It reads to me let’s baffle him with statistics which are probably incorrect, then remind us we should be grateful we get pip and his office is open unless he’s on holiday or very busy with covid (it’s not like they’ve had 18 months to get a handle on it) but your right Mike don’t hold your breath

    it’s blah blah black sheep have you any wool 🤔

  • Jona
    Jona Member Posts: 323

    Just to share some good news with all you lovely people that have supported me and listened to my constant moaning I received a letter this morning to confirm I’ve been awarded ill health retirement having met both tiers a mixture of sadness and trepidation also hit me but in all something positive

    love Jona 🙂

  • Mike1
    Mike1 Member Posts: 1,758

    It came as a blow to me too but at least you now do not have to worry so much about earning a living and can concentrate on getting as comfortable as you can. Find a hobby you like and can do without hurting, it makes a difference. Good luck.

  • Mike1
    Mike1 Member Posts: 1,758

    The final hearing concerning the £20 uplift to UC which was not extended to those of us on "legacy" benefits will now be held by the High Court on 17th and 18th November 2021.