Lawyers representing claimants receiving estate benefits from the Department of Work and Pensions (DWP) filed an appeal against the Supreme Court’s decision last month.
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Two million Britons claiming old-fashioned benefits can see legal battle against the Department of Work and Pensions (DWP) back to court.
The extra money worth around £1,500 a year and available to those who have claimed General Credit – but not older benefits such as the Employment Assistance Allowance (ESA), Jobseeker’s Allowance (JSA) and Income Support.
Supreme Court Justice Mr Justice Swift admitted estate benefits were “low” and that “it is clear that any person whose claim is based solely on that level of income will have to suffer”.
But he said the “difference in treatment” between Universal Credit and estate claimants was “justifiable” because it targeted people who had suddenly lost their jobs due to Covid.
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Attorneys representing the claimants have called the results “extremely disappointing” and a “devastating blow” to millions of sick and disabled families.
They have now decided to challenge the decision in court by filing an appeal against the ruling.
William Ford, partner at Osbornes Law, who represents estate claimants, said: “The claimants in this case hope to be able to challenge the High Court’s decision and We have now submitted an application to appeal to the Court. of the Appeal.
“This will be reviewed by the High Court first. If the High Court refuses to allow it, we can ask the Court of Appeal to directly appeal.”
An appeal of the decision can still be denied by either court – but even if it is continued, there is no guarantee of payment.
This is because the court would not be able to specify how the situation would be remedied, if it overturned the original ruling. Instead, it will be decided by the government.
If the appeal is successful, one remedy could be to re-issue payments to those affected, up to £1,500 if the DWP matches the level of support Universal Credit receives. during the pandemic.
This includes a 12-month increase from March 2020 worth £1,040 a year, plus £500 to be paid through a six-month extension announced in 2021 Budget.
But again, there will be other factors to consider regarding any prize money awarded.
For example, if the court overturns its decision, it may find that the difference in treatment between the joint credits and the inheritance is reasonable for a period of time, but not later. justified again.
Another option the DWP may decide to take, if the court hears the case again and rules against it, is to extend the increase only to people in the old benefits system in the future.
The legal challenge was brought by four legacy claimants, each of whom argued it was unfair that they did not receive the same increases as those on Common Credit.
Universal Credit is slowly replacing legacy benefits but the process won’t be completed until 2024 at the earliest – meaning the government is aware millions of people are still on their former welfare status.
This includes approximately 1.9 million ESA claimants, along with Income Assistance and JSA recipients.
Mirror has reached out to the DWP for comment.
https://www.mirror.co.uk/money/dwp-legacy-benefit-claimants-return-26368440 Inheritance claimants to appeal the decision to exclude them from Covid's £1,500 post-payment