The Court of Appeal will finally hear the legacy benefits £20 uplift case tomorrow, Wednesday 7 December and the hearing will be livestreamed on YouTube.

Readers will remember that back in February of this year four claimants brought a claim against the DWP for failing to give them the same £20 uplift that was given to universal credit (UC) claimants during the pandemic.

The four legacy benefits claimants argued that the failure to give them the same uplift was discriminatory.

The High Court accepted that there were a greater proportion of disabled people on legacy benefits and that disabled claimants on legacy benefits were in the same position as disabled claimants on UC.

However, the judge held that the difference in treatment was justified because the DWP said it was done with the intention of providing additional support to people who had lost their jobs as a result of the pandemic and were forced to claim UC for the first time.

The judge accepted this in spite of the fact that all UC claimant, not just those who had recently lost their jobs, were given the uplift.

Fortunately, the claimants were able to continue the fight and the case will finally be considered by the Court of Appeal on Wednesday 7 December, although it will be some time after that before a decision is made.

The hearing will be livestreamed on YouTube. 

A link has not yet been published, but it will be available on this page under the heading Re: T & ors (claimants/appellants) v The Secretary of State for Work and Pensions (defendant/respondent) when it goes live, with hearings usually starting at 10.30am

 

LIVE LINK NOW AVAILABLE

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  • Thank you for your comment. Comments are moderated before being published.
    · 1 years ago
    I went from ESA to UC in may 2021 due to having a child didn’t receive the £20 uplift from April 2020- 2021 will I still be entitled to the money if win 
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    · 1 years ago
    Does anyone know when will we get the final answer ? Thank you 
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    · 1 years ago
    Who care? We won't getting it anyway. DWP more likely to awards these 4 claimants will be paid next year. The rest of 2m people's won't get it.
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    · 1 years ago
    The judge was more than discriminate to disabled people ie ESA/ PIP  claimants as disabled people also needed the extra 20 quid during the entire pandemic.  Interesting to see if the presiding judge/s will accept the original judges decision, on not applying an uplift.




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    · 1 years ago
    Why do disable and sick people get raw data .I have arthritis c.v.s which I can't work.people say I look ok but their don't know how it feel have arthritis cylid vomiting syndrome it mean I can be sick up 20 time day.I have to fight for every thing I got .
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    · 1 years ago
    i noticed in this appeal case that the appellants seem to be appealing against only the final 6 months of uplift and not right to the beginning?
    its not looking good for getting a full back payment
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    · 1 years ago
    Did we win its now  9.12.22 for £20 for folk on esa 
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    · 1 years ago
    One of the DWP's Barrrister's arguments regarding why it was only paid to UC claimants really annoyed me. He said that the IT system for that was set up to deal with this anomalies. However, the legacy system has been dealing with them for years. The most obvious, of course, is the one off Christmas bonus. BUT how about all those £25 cold weather payments only triggered when the temperature drops below zero and stays there for 7 days? One Winter I had 5 of those payments and it didn't seem to be an issue then.

    As I said in a previous post, it was all smoke and mirrors from the DWP. Bulldust on top of yet more bulldust.
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      · 1 years ago
      @Linda Hi Linda,

      you owe them a few quid, and suddenly their IT systems are in full swing sending out letters informing you, they will immediately dock the few quid off you.

      The whole court case, and judge etc were a fix.  I mean how could any judge not acknowledge the fact that disabled people also were sufferering if not more than UC claimants.

      regards
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      · 1 years ago
      @Linda of course its a lie that they couldn't get the money sent to legacy claimants. even the dwp barrister said they weren't saying it wasn't possible and bs'd about it being difficult, security problems blah blah.
      that's why they changed their argument in the court case to it being targeted at people who lost their job! they thought they stood a better chance of winning with it.
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      · 1 years ago
      @Linda GASLIGHTING  i would call it something the political class  do far to much
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    · 1 years ago
    The way I see it is that the judge in the first trial said it WAS discrimination and as far as I know there is no place for discrimination anywhere in the the work place so it must be a win for the disabled...then they can have the DWP looked into for other discrimination that there getting away with..
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    · 1 years ago
    It's discussing the way the dwp try and say that the 20 pounds uplift was to help the people that lost their jobs that's lies there as they gave it to everyone on UC they wasn't bothered about any other people that was on any other benefits that's was struggling throw the COVID 19 we are on low pay benefits what do we ever get nothing that is what we get 
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      · 1 years ago
      @Phyllis Harvey They only gave furlough and extra UC payments to prevent civil unrest, has anyone done a FOI  request into How many of those who were paid furlough payments etc  found they had no jobs to return to ? The bonkers idea they now admit did more harm  than good LOCKDOWNS Must have increased the number of unemployed
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    · 1 years ago
    Did we win a simple yes or no will do
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      · 1 years ago
      @Dave Unfortunately a simple yes or no answer won't do Dave! This is because in Appeal Court cases   - and not just benefit ones - the judges meet up after the case to consider their decision.  They are likely to have many other cases to do this for to, as a result we're probably not going to get a yes or no for several weeks at least and maybe not for several months!  Even then though that may not be the end of the matter as whoever loses may then seek to appeal to the Supreme Court.  If that happens I'm afraid we may not get that yes or no anwers until the end of next year or even into 2024!

      Kind regards

      Mr B

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    · 1 years ago
    Even if they win only the 4 claimants will be paid, it won't be everyone. I doubt it though, the DWP did say that if you claim UC you'll get the extra £20 so the DWP will say that people should of claimed UC if they wanted the extra cash.  People chose to stay on legacy benefits and get less money even though hundreds of thousands of people would be financially better off on UC, anyone who doesn't get SDP would be better off on UC, which is why the government have delayed ESA transfer until 2028 because it will save them millions. Why people stay on legacy benefits is bizarre to me, your gonna be moved eventually like it or not, and potentially losing hundreds - thousands a year. Yet these same people complain that they have got no money. I moved from ESA to UC and I'm a few hundred pounds a month better off I also get paid every 2 weeks because I have issues with handling money. Even if the claimant's win, it won't effect anyone else unless you go to court.
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      · 1 years ago
      @KerryT Kerry t, I get more money on my legacy benefit than UC, I've checked, so don't know what u mean.
      You say should of claimed it, do u know how long it 5akes to claim UC and how long u r without money lol🙄
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      · 1 years ago
      @KerryT I've just done a benefit calculation, if I move to uc from esa I will lose £94 a week, so no idea how you're better off.
      Also this case has been brought by 4 people but they represent everyone, if they win everyone on legacy benefits wil get the money not just them. 
      The government has delayed the forced move not because it saves them money but because the system cannot cope as is and will struggle with thousands of new claimants. That's why it has bedn done gradually. Maybe keep a tum when you're not sure what you're talking about because you're wrong about everything. 
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      · 1 years ago
      @Rab Well said 
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      · 1 years ago
      @KerryT Rubbish the 4claiments are fighting for everyone and everyone is not better changing straight to uc straight away a lot end up worse off.

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      · 1 years ago
      @KerryT Hi I totally do not agree with you. Firstly please forgive my spelling as I no it’s rubbish. Here I go I have mental health issues and a bit more wrong with me. Anyway I was never ever told by anyone that I had to change over to U/C NEVER I never new nothing about the £20 uplift for anyone as my capabilities to focus and even pay attention to day to day life is terrible. So I did not no I had to change over to U/C. Another point being is it will not be just though 4 claimants getting the money if they win and everyone won’t have to go to court to receive it. If they are found to have be discriminated against and the government/DWP pay them out then it will be rolled out to everyone in the same circumstances as they have basically admitted responsibility. If everyone on pip has to go to court to receive this payout it will cost the government millions more as everyone on pip is entitled to free legal aid standard. And if I have to go to court to receive the payment I would just for shear principle and I’m sure most other people on pip would act in the same way. The DWP/GOVERNMENT can not pay 4 people on pip without paying everyone else I can’t see that as of the above reason’s it would cost them nearly tripple in court fees and maybe more as if I’m forced to go to court they will be billed for my travel expenses and I’ll sue them for coursing me more stress and depression so let them make me go as I said I was never ever informed about changing to U/C NEVER 
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    · 1 years ago
    So do we get this or have to fight ourselves 
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      · 1 years ago
      @Aw exactly all about mugging voters off.
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      · 1 years ago
      @Joanne Wright you will have to battle it out yourself no doubt.
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      · 1 years ago
      @tom I wish that was true :( 

      The government will always find a way to screw those on Benefits.  The only reason we were given the in-line with inflation increase for next year, is because the tories are trying to win back voters.

      I hope this appeal wins - I really do, but I'm sure we will lose
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      · 1 years ago
      @Joanne Wright If they  decide in the favour of the appellants this time, it will set a President in law , And if the DWP tried to deny the same payments to the rest of those affected  by this Legacy benefits, they would lose in a court , so they will have to pay everyone  for that period and the  extra 20 per week
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    · 1 years ago
    Any news of the decision 
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    · 1 years ago
    To say that the £20 given to UC claimants during the pandemic  was to ease the burden of people who had lost their jobs is nonsensical as people on certain legacy benefits are also entitled to work for up to 16 hrs a week.
    How is that different. Common sense will hopefully prevail.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 years ago
    Will everyone get it bk or the 4 people when too coat 
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      · 1 years ago
      @Leanne They are fighting for us others on legacy benefits (job seekers, pension credit, esa) to get a back payment of what we missed out on during the pandemic. Universal credit claimants were given a £20 a week increase but it wasn't given to any of the other legacy benefit claimants. That's what they are fighting in court because its unfair that it was given just to uni cred claimants. Fingers crossed we win and get what's rightfully ours!
  • Thank you for your comment. Comments are moderated before being published.
    · 1 years ago
    If the legacy benefit case goes in favour of the claimants  would all legacy benefits claimants be awarded back dated payment or just the four claimants that took the DWP to court?  
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      · 1 years ago
      @JJ hi JJ,

      The government know that 2 million people will not take them to court over this.

      The British people are well divided, and with no or very little solidarity in such benefit matters.  In other countries it would not be the case.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 years ago
      @Jane Should trigger it for all 
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      · 1 years ago
      @Jane It would open the door for everyone on legacy benefits 1
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      · 1 years ago
      @Jane It would gave to be all if won otherwise they run the risk off 2 million other cases that would be allowed to bring the same fight so dont make sense to just pay the 4?
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      · 1 years ago
      @Timothy Yes it is true saying that everyone get it coz the 4 people won it for u lot I don't know if its true but when there doing it today I was watching it and at the end saying there don't need apeal on it no one so don't know that mean everyone get it or wat
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    · 1 years ago
    I have listened to it live ..DWP are discriminating against those on legacy benefits as they state in this conversation that they had to help out those who were suffering due to losing their jobs or working less hours and to help them in return helps labour ..in other words we will always care for those who are ABLE to work rather than those who are DISABLED ..that's discrimination right there ...GO FIGURE !! 
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      · 1 years ago
      @MrFibro I certainly won't vote Tories and I advise anyone to not vote for Tories ..this country is far worse when they are in power 
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      · 1 years ago
      @Lynn Hi Lynn

      the only way round this is to not vote the tories, at all by-elections, and nor at the next coming GE.  I'd prefer the devil we dont know, than the devil we do know.  At least it would be game over for the tories.  I cannot see other parties being worser than the conservatives as in respect to claimants / benefits etc
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    · 1 years ago
    I hope in my heart that if the court decide it was wrong that every disabled person did not receive the same help the disgusting people of the government  will find a way of getting the money all back from the disabled on Universal Credit that did receive it instead of paying the disabled on Legacy benefits instead. 
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    · 1 years ago
    What will happen next

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