Yet again the Department for Work and Pensions is facing court action for improperly assessing a benefit claimant, and for giving misleading advice after cutting off his payments.
Under the Conservative government, the DWP has become a multiple offender, with vulnerable people – particularly those with long-term illnesses and/or disabilities – bearing the brunt of its injustices.
Every time this government department is found to be at fault, the Tories say lessons have been learned, and this injustice will not happen again.
And then it happens again.
A disabled man who was unfairly found “fit for work”, and then saw his benefits slashed by almost £180 per month after he was forced onto the government’s new universal credit benefit system, is seeking justice in the high court.
It is the latest in a series of legal cases that have been taken on behalf of disabled benefit claimants against DWP, as a result of a series of welfare reforms introduced under successive Conservative and Conservative-led governments.
The man, known as IM for legal reasons, had been claiming employment and support allowance (ESA), but after undergoing a work capability assessment he was told in March last year that he was no longer eligible for ESA.
His jobcentre advised him to claim universal credit instead, which he did, but he also successfully appealed against the decision to find him fit for work.
Although the Department for Work and Pensions (DWP) now accepts that he was unfairly found fit for work and that he has limited capability for work-related activity – the equivalent of being in the ESA support group – he has been treated as a new universal credit claimant.
As a new claimant, he is not entitled to the severe disability premium (SDP) he previously received as a top-up to ESA.
He is also not entitled to the partial compensation of £80 a month agreed by work and pensions secretary Esther McVey for those who lost entitlement to SDP when they were forced to move onto universal credit after their circumstances changed.
IM’s judicial review case has been taken by the Child Poverty Action Group (CPAG), which has described DWP’s policy as “irrational” and discriminatory.
It has secured permission for a judicial review of the failure to provide IM with transitional protection after his move to universal credit, or, alternatively, the refusal to allow him to return to ESA.
CPAG is taking a similar legal action on behalf of AD, a single mother with a disabled child, which will be heard by the high court alongside IM’s case.
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