Court of Appeal dismisses case on legacy benefits
Last year, the Department for Work and Pensions (DWP) excluded extending the £20 a week Universal Credit pandemic uplift to disabled people on legacy benefits like ESA. Today, The Court of Appeal ruled that they did not act unlawfully.
At the start of the pandemic, people on Universal Credit were given an emergency increase of £20 a week. But disabled people on legacy benefits, including many with MS, were left behind. Legacy benefits include Employment and Support Allowance and Income Support.
In November 2021, four legacy benefit claimants brought a case to the High Court to fight this discrimination. The case came to the Court of Appeal after the High Court ruled against the claimants last year.
The Court of Appeal dismisses the case
The Court of Appeal has agreed the Department for Work and Pensions (DWP) did not act unlawfully by excluding nearly two million disabled people from this funding.
This means the Government won't be required to backdate payments for people on legacy benefits. We know this news will be frustrating and upsetting for many people who’ve struggled to cope with rising costs in recent years.
Legacy benefits claimants struggling to meet basic living expenses
Anastasia Berry, our Policy Manager and the Policy co-chair of the Disability Benefits Consortium said: “The Court of Appeal ruled the Government was justified in discriminating between disabled people on legacy benefits (such as Employment and Support Allowance) and people on Universal Credit. This is despite an acknowledgement from the judge that the amount legacy benefit claimants received during the pandemic would've left them facing hardship and struggling to meet basic living expenses.
"This verdict is an affront to disabled people, including some with MS. And it'll come as a crushing disappointment to the millions who were denied emergency financial support when they needed it the most. It also sends the dangerous message that discrimination against disabled people is acceptable.
“We stand in solidarity with the courageous claimants who brought this case all the way to the Court of Appeal. And with the tens of thousands who supported the campaign. Today is a devastating blow, but these efforts were not in vain. It's a stark reminder that the fight towards a fairer society for disabled people must continue.”
What happens next?
The case may be over, but we’re not done yet. As part of the Disability Benefits Consortium (DBC) we'll continue to fight for a fairer benefits system which works for disabled people.
And we'll continue to support people with MS through the cost of living crisis and beyond through our own #BreakingPoint campaign.
Join our campaigns community to stay up to date with our campaigns on cost of living and more
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