Legacy benefit uplift court of appeal decision 17 January at 2:51PM in Benefits & tax credits 7 replies 459 views

Gig1968

The court of appeal have just dismissed the appeal to uplift all legacy benefits by 20 pounds in line with the way universal credit was during the pandemic. I'm a member of the legacy member brigade obviously have to accept the decision, however the reasons that the judges gave for not accepting the appeal did make me annoyed. The judge stated that the uplift was targeted at alleviating a particular type of financial disruption namely that experienced by those who had lost or were at risk of losing employment or significant income, and as a result were making new claims for benefits for the first time having previously been financially self sufficient.

It also ruled that legacy benefit claimants were not a priority for help because they were either not in the labour market all by virtue of their disabilities or only to a limited extent.

He added it does not mean that they were vulnerable, but a hard choice was made to priorities those in the labour market who would quickly become unemployed in large numbers due to the pandemic.

The judge also recognised as it did in previous hearings the amounts paid to leagacy claimant's during the pandemic were low and it was obvious that any person forced to rely on that level of income would suffer hardship and would find it more difficult to meet basic living expenses during the pandemic.

I'm not sure after I read that how the judge had come up with his judgement. Millions of people were allready on universal credit before the pandemic and benefited from the £20 so that ruled out his reasoning for increasing that benefit. If he wanted to give it to new claimants why didn't they start new claimants on a higher rate.

Secondly he then admits the legacy benefits people are vulnerable and struggle to live on their low benefit and refuses to uplift the £20 in line with the universal credit benefit that millions were on before the pandemic came along. Before we get the people who say you could have moved from legacy benefits to universal credits I would have been much worse off even with the £20 uplift included. 

Spoonie_Turtle

Gig1968 said:

The judge stated that the uplift was targeted at alleviating a particular type of financial disruption namely that experienced by those who had lost or were at risk of losing employment or significant income, and as a result were making new claims for benefits for the first time having previously been financially self sufficient.

Exactly as the government stated their intention. 

Gig1968 said:

Millions of people were allready on universal credit before the pandemic and benefited from the £20 so that ruled out his reasoning for increasing that benefit. If he wanted to give it to new claimants why didn't they start new claimants on a higher rate.

Computer system wouldn't let them, was the reason given at the time. 

Gig1968 said:

Before we get the people who say you could have moved from legacy benefits to universal credits I would have been much worse off even with the £20 uplift included. 

So you didn't miss out on anything after all. 

Did you have a question we can help you with? 

poppy12345

The sticky at the top of the forum reads "this forum is about help with benefits, not about benefits policy. Link here. https://forums.moneysavingexpert.com/discussion/365935/its-about-helping-people-get-their-entitlement-not-about-benefits-policy#latest

calcotti

Gig1968 said:

..when I'm transferred at some point in the future to universal credit  and  I'm sure you can tell me which month of which year thar has to be,  will us unfortunate disabled people still be worse off, after the transfer.

The managed migration of income based ESA claimants (provided they don't also receive Tax Credits) has been deferred to 2028. On the date of transfer you are guaranteed not to get less money on UC than getting on your old benefits on the day before. However any transitional protection will reduce as other elements increase to your benefit could be frozen for a number of years until this protection has been reduced to nil.

Gig1968

Thanks for your help 

Rubyroobs

I guess you could look at it that many of those on legacy benefits still got ( and will continue to get until 2028 ) more than those on the equivalent Uc payments so the £20 uplift just went some way to closing the gap a little for a short while ? .

poppy12345

Rubyroobs said:

I guess you could look at it that many of those on legacy benefits still got ( and will continue to get until 2028 ) more than those on the equivalent Uc payments so the £20 uplift just went some way to closing the gap a little for a short while ? .

For those claiming ESA then this will only apply to those that don't receive the SDP in with the ESA. LCWRA for UC pays more than ESA Support Group. There's nothing stopping those people from claiming UC now, if they wish. However, a benefits calculator should be used before submitting a claim for UC because once you do, you can't ever go back to legacy benefits.

Vek

The case was heavily compromised when the figure was reduced from £1560 covering the whole period of 18 months to a fraction of it.

The case was also not helped as the matter was adjudicated by Simler, Davis and Whipple LJJ, known to have so much loyalty to the Government.