Tag Archives: discrimination

Court brands ‘no benefits’ rule by landlords illegal in disabled dad’s landmark case

A disabled dad suffered unfair discrimination when he was made homeless because a landlord did not accept people who receive state benefits.

The ‘no benefits’ rule meant Stephen Tyler was banned from viewing properties advertised by a Birmingham estate agent, purely on the grounds of receiving housing benefit.

Mr Tyler, 29, had been involved in a road accident in 2016. He was made homeless because of the estate agent’s “no benefits” rule.

Birmingham County Court ruled that the estate agent had breached the Equality Act because the rule disproportionally affects disabled people, who are more likely to need some support with paying their rent.

Judge Mary Stacey ruled that: “There is no doubt that there was a blanket policy that no one in receipt of housing benefit would be considered for the three properties. It put the claimant and other disabled people at a particular disadvantage when compared to others.

“To be told simply, because of his benefit status, that he could not apply for three properties which were perfectly located for his children’s school, his GP and health needs, and extended family support, […] would be distressing.

But “no benefits” discrimination is still going on (sometimes it is called “no DSS”, in reference to the former government department responsible for benefits.

This case was brought with help from homelessness charity Shelter, which has vowed to keep campaigning until the discrimination is completely stamped out.

Source: Disabled dad wins high court battle after estate agent banned him for claiming benefits – Mirror Online

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Tory ‘rape clause’ starts to fall apart: how can a woman be denied benefit for being raped in the wrong order?

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“Punish the rapist, not the victim”: Campaigners against the so-called ‘rape clause’ have been trying to overturn the rule for years.

We’ve been waiting for this for a long time.

The experience of the lady involved in this story shows that the Tories are discriminating unfairly between rape victims.

They’re saying that a person can have two children and still receive the child element of Universal Credit for a third born of rape, only if it was the third, and born after April 2017.

This clearly discriminates against mothers who have had first or second children as a result of rape, because they are then forbidden from claiming the child element of UC for a third child that they wanted.

Both situations involve two children not born of rape and one that is, but only one qualifies for the benefit.

That is unfair.

I hope someone takes a case through the courts. Perhaps this is a job for public interest solicitors like Leigh Day, who seem to have done very well with other benefit-related cases recently?

Then, with luck, we’ll be able to force the Tories to u-turn on this despicable rule that humiliates women who have already suffered too much.

Source: DWP denies mum Universal Credit for her child because she was raped in the wrong order – Mirror Online

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Floodgates open as 300+ disabled people issue court claim for Universal Credit cash

A landmark court ruling looks set to cost the Tory government a small fortune as people with disabilities line up to demand their lost cash.

More than 300 people are involved in this initial claim – but solicitors Leigh Day reckon more than 13,000 could be owed lost income totalling £170 per month or more.

Here are the details:

More than 300 severely disabled people have issued a claim in the High Court for lost income under the universal credit system.

The group, represented by Leigh Day solicitors, say they have each missed out on at least £170 a month since they were moved on to universal credit as the new benefits system has been rolled out across the UK.

All of the group were moved on to the system before January, 2019 and lost the severe disability premium which they had previously claimed, which left them worse off.

However, severely disabled people who have been moved on to universal credit since January 2019 have not missed out on the severe disability premium.

Instead, their universal credit claims have been managed by the Severe Disability premium Gateway system which has been put in place to ensure that severely disabled benefits claimants do not end up worse off under the universal credit system.

The claimants argue that they have suffered because of the unlawful implementation of the Universal Credit  (Transitional Provisions) 2014, the SDP Gateway Regulations, January 2019, and the Managed Migrations Regulations 2019.

They claim they have suffered discrimination under Article 14 of the European Convention on Human Rights.

The current litigation appears to follow a Court of Appeal ruling on these issues – that the government not only discriminated against disabled people moving from Severe Disability Premium onto Universal Credit, but then tried to discriminate against them with the repayments.

The issue was discovered by two claimants, anonymised as TP and AR, whose disability benefits were cancelled when they moved from one local authority area to another. They were put on Universal Credit instead, with £180 per month wiped off the amount they were set to receive.

The government attempted to rectify the situation with regulations which stopped other severely disabled people from moving over to Universal Credit and provided those who had already moved over with back payments.

But in another failure of the kind that has made the Tory government notorious, the disabled men were only paid back at a rate of £80 a month, rather than the £180 that they had lost.

The Court of Appeal, in a unanimous judgment, agreed with lower courts that the Government had unlawfully discriminated against this cohort of severely disabled claimants.

This site previously reported that a pre-action protocol letter had been sent to Work and Pensions Secretary Therese Coffey. Leigh Day solicitors have now issued the full claim, saying she failed to substantively respond to that letter.

They believe that up to 13,000 disabled people in the UK have been affected by the change and may be entitled to make a claim to retrieve lost benefit payments.

“Our clients believe that it clearly cannot be right that they find themselves £170 a month worse off under the universal credit system when other claimants have the assurance that they will not be worse off on universal credit,” said Leigh Day solicitor Ryan Bradshaw.

The claimants are asking the Work and Pensions Secretary for compensation equal to the amount of money they have lost following their transfer to Universal Credit, for their previous level of benefits to be restored and maintained until a lawful migration scheme is established, and for compensation for the stress they have been caused.

Source: Disabled benefit claimants issue claim for lost income under universal credit system

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Terminally-ill woman wins discrimination court case against DWP. What about those like her who have already died?

Lorraine Cox.

This is a genuine landmark judgement against the Department for Work and Pensions, and a boost for anyone with a terminal illness who cannot predict when the end will come.

It is also a blow against the tastelessness with which the Tory-run government department carries out its affairs, without the slightest pang of sensitivity about demanding that someone identifies the moment of their own death.

(For a similarly tone-deaf attitude, consider the rule that says single mothers must provide details of their rape before receiving child benefit for a third child.)

But what struck This Writer most about the story was the number of people who were shocked to read it, after I published my piece about it last week.

Lorraine Cox is only the latest in a long line of people with terminal illnesses to have suffered prejudice from the DWP, yet it seems many readers were learning about it for the first time.

The ruling that people with terminal illnesses can only receive PIP if they are likely to die within six months has been in place for years – as has the list of such illnesses on which the DWP relies.

The government has used it to discriminate against thousands, if not tens of thousands, of people before Ms Cox won her case.

What about them? What about their family and/or carers if they have passed on.

Are they due for compensation after the DWP ignored their pleas for support in their/their relatives’/friends’ twilight days?

Will they be permitted to demand recompense and restitution from the Tory-run DWP? Or will they be ignored?

I hope these are all matters the judicial review will consider.

A woman who has motor neurone disease was unjustifiably denied fast-tracked disability benefits because it was not clear how long she would survive, the High Court has ruled.

In a landmark verdict, the judge ruled Lorraine Cox, 40, suffered a breach of her human rights.

While other people with life-limiting conditions had the immediate right to enhanced payments, she was refused.

This was “manifestly without reasonable justification”, said the judge.

In court on Wednesday, Mr Justice McAlinden ruled the difference in treatment for terminally-ill claimants who cannot reasonably meet the six-month life expectancy rule was discriminatory.

He granted her leave for a judicial review.

Source: Motor neurone disease: Six-month death rule ‘discriminatory’ – BBC News

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Coronavirus: Government’s failure to offer video PIP appeals ‘is discrimination’ – Disability News Service

Discrimination is the right word for this.

Other people get the full remote service including video hearings.

But not people with disabilities.

There’s no good reason for the refusal to accommodate them.

So it has to be discrimination. And it’s no surprise, given the Conservative government’s legendary hatred of people with disabilities.

The government’s continuing failure to allow benefit appeals to be heard via video conferencing is discriminating against disabled claimants, say welfare rights experts.

Many disabled people are being forced to ask for their tribunals to be postponed, because they are only being offered a telephone hearing, says one disabled people’s organisation.

The tribunal system is not currently running face-to-face hearings because of the pandemic crisis, with judges instead deciding cases on documents alone or by holding a telephone hearing.

Disability Cambridgeshire says that telephone hearings – which involve a judge and two experts speaking on the phone to the disabled person making the appeal – can cause huge difficulty for the claimant.

It has had to seek adjournments for all but one of the personal independence payment (PIP) appeals it has been helping with since the coronavirus lockdown in March, because its advisers were not confident their disabled clients would be dealt with fairly if they had a telephone hearing.

The adjournment delay means they will be forced to cope without the benefits they are entitled to for many more months.

Video hearings, for example using the Zoom platform, are likely to be more accessible for many disabled people, including those with hearing impairments, learning difficulties or difficulties with concentration.

Source: Coronavirus: Government’s failure to offer video PIP appeals ‘is discrimination’ – Disability News Service

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Covid-19 hate crime fear for people with disabilities who can’t wear face masks

This is a bitter turnabout: and Boris Johnson should be the first to admit that people in masks used to be the criminals rather than those in fear of crime:

Disabled people are frightened about travelling as lockdown eases due to a lack of public awareness and clarity about exemptions to the mandatory need to wear face coverings on public transport, according to a new survey by Disability Rights UK.

Nearly 40% of respondents said that they cannot wear a face covering and just under half said that mental health conditions and breathing impairments would prevent them from wearing a mask, with a fifth citing sensory issues and needing to intake medication and/or food and drink while travelling.

Nearly forty per cent said they had a hidden disability which affects their ability to wear a mask, and 13% said they needed to lip read.

Nearly 60% said they feared being challenged if they did not wear a mask, with the same amount not feeling they had the confidence to stand up for themselves if challenged.

Almost 70% said they feared being judged for not wearing a mask, and 55% feared being the victim of a hate crime if they were seen without a mask.

The fact that more than half of people with disabilities who cannot wear masks fear hate crime says everything we need to know about the prejudiced and judgemental attitudes that have been created in the UK – mostly by the government.

And the Tories have been blamed for creating the current situation – by switching policies with extremely short notice.

Fazilet Hadi, Disability Rights UK Head of Policy, said the Government must improve its communications strategies with big shifts like this.

“Releasing information on a Sunday for a Monday morning start, with no awareness campaign, no posters on buses and trains to provide reassurance about exemptions, and guidance hidden deep on the gov.uk website leads to the kind of horror stories we have been hearing from disabled people.

“Members of the public have been calling the police on them for not wearing masks while on trains, and British Transport Police refusing to let people through station barriers without face coverings, even when they have insisted they have an impairment which makes them exempt.

“As one survey respondent said: ‘Having both fines for not wearing a mask, and an unproveable exemption alongside each other is an impossible situation. Greater global clarity is needed, and fast.'”

So next time you’re out on the streets, if you see someone who isn’t wearing a mask, don’t jump to aggressive conclusions!

Source: Coronavirus: Disabled people fear becoming victims of hate crime as 40% say they cannot wear face masks – Welfare Weekly

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DWP faces legal action over lost benefit cash – from no fewer than 275 people with disabilities

It seems people with disabilities are seizing the opportunity granted them by a landmark court ruling – and taking legal action against the government over lost benefit income.

Leigh Day solicitors have sent a pre-action protocol letter to Work and Pensions Secretary Therese Coffey on behalf of no fewer than 275 former claimants of disability benefits who say changes forced on them by the government department deprived them of £170 per month – or more.

They say they lost the cash because they were moved on to Universal Credit before January 2019, when the Department for Work and Pensions introduced the Severe Disability Premium (SDP) Gateway system.

This aims to ensure that people previously entitled to the Severe Disability Premium do not end up worse off when they are transferred to Universal Credit.

The 275 claimants involved say the unlawful implementation of the Universal Credit  (Transitional Provisions) 2014, the SDP Gateway Regulations, January 2019, and the Managed Migrations Regulations 2019 mean they have suffered discrimination, as defined by Article 14 of the European Convention on Human Rights.

Leigh Day solicitors reckon up to 13,000 disabled people in the UK have been affected by the change and may be entitled to make a claim to retrieve lost benefit payments.

The current litigation appears to follow a Court of Appeal ruling that the government not only discriminated against disabled people moving from Severe Disability Premium onto Universal Credit, but then tried to discriminate against them with the repayments.

The issue was discovered by two claimants, anonymised as TP and AR, whose disability benefits were cancelled when they moved from one local authority area to another. They were put on Universal Credit instead, with £180 per month wiped off the amount they were set to receive.

The government attempted to rectify the situation with regulations which stopped other severely disabled people from moving over to Universal Credit and provided those who had already moved over with back payments.

But in another failure of the kind that has made the Tory government notorious, the disabled men were only paid back at a rate of £80 a month, rather than the £180 that they had lost.

The Court of Appeal, in a unanimous judgment, agreed with lower courts that the Government had unlawfully discriminated against this cohort of severely disabled claimants.

At long last, it seems, people with disabilities have a chance to get compensation from a Tory government that has persecuted them for more than a decade.

Source: 275 severely disabled people launch legal case against DWP over lost benefit income – Welfare Weekly

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DWP accused of ‘discriminating’ against ESA-claiming disabled people in coronavirus pandemic

This is probably what the UN poverty rapporteur, Philip Alston, has been talking about recently.

He said the Tories spent 10 years insisting that austerity was vital when it only harmed the poor, but when the coronavirus put the country into lockdown they suddenly turned on the taps and had cash flowing like water.

But he said countries like the UK were still finding ways to harm the poorest – and this seems to be one of them:

Tory ministers raised Universal Credit by £20 a week in 2020/21 to help people cope with the costs of the virus. Tax Credits were due to rise too.

But the same rise was not applied to “legacy” benefits Jobseekers’ Allowance, Income Support and Employment Support Allowance.

Now a campaign by 100 organisations, including charities, argues this is discrimination against the disabled.

The most recent official figures last August show there were still 1.98million people on ESA, which is worth £74.35 a week for the sick and disabled.

Mrs Mike is on ESA. I think she’ll be writing to our MP about this in the very near future.

Source: DWP accused of ‘discriminating’ against disabled people in coronavirus pandemic – Mirror Online

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Coronavirus discrimination: surgery asks chronically sick and disabled patients to refuse treatment

People with serious health conditions and disabilities who are registered with a GP surgery in Wales had a nasty surprise in the post.

The surgery sent them a letter saying if they caught the coronavirus, the best thing for them to do would be to reject treatment and wait for death – and it asked them to sign a form confirming it.

Llynfi Surgery, in Llynfi Road, Maesteg, sent the letter to patients with serious health conditions such as incurable cancer, motor neurone disease, and untreatable heart and lung conditions, on March 27.

It comes as further confirmation that people with disabilities will suffer adverse discrimination in the coronavirus crisis – that government guidance is to abandon them.

The letter states that people with these conditions are “unlikely to be offered hospital admission” if they become unwell with coronavirus and “certainly will not be offered a ventilator bed”.

It continued: “We would therefore like to complete a DNACPR form for you which we can share with the OOH [out of hours] GP services and which will mean that in the event of a sudden deterioration in your condition because of a Covid-19 infection or disease progression the emergency services will not be called and resuscitation attempts to restart your heart or breathing will not be attempted.”

Going on, it suggested that the “best option” for patients is to stay at home to be cared for by their family with “ongoing support from ourselves and community nursing services”.

It listed “benefits” to signing the DNACPR form:

  • “Your GP and more importantly your friends and family will know not to call 999”;
  • “Scarce ambulance resources can be targeted to the young and fit who have chance of surviving the infection”, and;
  • “The risk of transmitting the virus to friends, family and emergency responders from CPR (even chest compression alone) is very high. By having a DNACPR form in place you protect your family and emergency responders from this additional risk”.

The final line reads: “We will not abandon you but we need to be frank and realistic about what the next few months holds for all of us.”

Wales Online reported on this scandalous correspondence, saying that the local health board had contacted patients who were upset by the letter, to apologise and “answer any concerns”.

And both the Welsh Assembly member and MP have issued a joint statement saying this was “not a standard letter” and the board is working with the surgery “to offer compassionate and sound advice in the very best traditions of our health service”.

You’ll notice that there isn’t a single line in these comments that contradicts the suggestions in the letter.

If anything, it seems the authorities have simply been embarrassed that it has stated the facts about government guidance on long-term sick and disabled patients who contract the coronavirus in a blunt way.

The affair seems to be confirmation that the government is indeed using the coronavirus to cull “useless eaters”, in line with the eugenics beliefs of Boris Johnson and Dominic Cummings, and the Nazi-style persecution of people with long-term health issues that has been carried out by successive Conservative governments over the last decade.

Source: Surgery asks sickest patients to sign ‘do not attempt CPR’ form if they get Covid-19 – Wales Online

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Coronavirus: Intensive care guidance discriminates against disabled people

Not enough ventilators: it seems Boris Johnson really is using the fact that he deliberately chose not to stock up on these vital items of equipment as an excuse to ensure that disabled people die of coronavirus.


Yes – official guidance on medical care really does discriminate against people with disabilities.

This Writer has received criticism from commenters after a previous article. They claimed I was publishing nonsense.

Fortunately there’s plenty of evidence so let’s consider the guidance from the National Institute for Health and Care Excellence (NICE).

Here’s Disability News Service:

The guidance … says that all adult COVID-19 patients should be assessed for “frailty” when admitted to hospital, and that “comorbidities and underlying health conditions” should be taken into account.

[It] has heightened fears among activists that many disabled people will be refused life-saving treatment if they are admitted to hospital.

The guideline said that decisions to admit patients for “critical care” should be based on how likely they were to recover.

There you have it – with a link to the actual guideline itself.

And there’s a comment from a campaigner to support the evidence:

\Disabled actor and activist Liz Carr … said on Twitter that the guideline suggested she and many other disabled people would be “pretty much denied [the] same access to ventilation/critical care support as non-disabled people based on the fact we require some assistance in our daily life, because we’re disabled”.

She said this was “terrifying and discriminating”.

Other groups representing disabled people have voiced similar sentiments.

So the concern is real and people are in danger – from a government that has a history of persecuting those with disabilities.

Source: Coronavirus: Anger over ‘terrifying and discriminating’ intensive care guidance – Disability News Service

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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