Tag Archives: SDP

Trickster Coffey: she says disabled people should switch to Universal Credit – where they’ll be worse-off

Therese Coffey: you wouldn’t think she was trying to get her jollies by encouraging people to quit legacy benefits for Universal Credit with a false claim that they’ll be better-off, would you?

Did Therese Coffey get her doctorate in lying to people?

Having refused calls to extend the £20-per-week Universal Credit uplift to so-called “legacy benefits” that sick and disabled people receive – Employment and Support Allowance (ESA), Personal Independence Payment (PIP) and others – she has suggested that they should claim UC instead.

People on Severe Disablement Premium (SDP) were unable to make that move until Wednesday (January 27) – when the Tories removed that barrier.

But charities have warned that this is a trap.

People with long-term illnesses and disabilities are more likely to lose money if they switch to UC and, once they have made the move, there is no going back.

It’s just another example of Tory discrimination against people with disabilities, that has reached new heights in the Covid-19 crisis, which they have used as an excuse for persecution.

People who’ve been on SDPs can get £120, £285 or £405 per month in transition payments – depending on their circumstances. But DWP officials have confirmed these payments “will be subject to erosion and cessation” over time.

And the Disability Rights UK group has claimed that, “after transitional help is eroded after time”, Universal Credit will be “significantly less generous” than legacy benefits for disabled people.

So the two-tier discrimination against people with disabilities in fact continues, no matter whether they are on “legacy benefits” or Universal Credit.

This Writer’s advice is clear: stay where you are. Don’t give Trickster Coffey the giggle she wants to get from hurting you.

Source: Fears as DWP chief urges disabled people to switch to Universal Credit from Wednesday – 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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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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Tories launch court battle to strip severely disabled people of sorely-needed benefits

How can the Tories justify their determination to retain the discredited Universal Credit ‘benefit’ when the courts have ruled that it deliberately makes disabled people worse-off?

Not only that, but the courts also ruled that the Tory government lied to benefit claimants when they were told they wouldn’t lose money.

Judges ruled that the uneven rollout of Universal Credit makes the benefit system a postcode lottery, with people moving into areas with the new system likely to be seriously disadvantaged.

And – possibly worst of all – why are the Tories determined to waste public money appealing against those rulings in court when it is clear that, in legal terms, they don’t have a leg to stand on?

That is what the Tories are doing to two disabled men – known only as TP and AR.

They had been forced onto Universal Credit when they moved into a local authority area where the new system had been rolled out.

This meant they lost out on the Severe Disability Premium (SDP) and Enhanced Disability Premium (EDP), leaving them suddenly around £180 a month out-of-pocket, despite being repeatedly assured they would not be worse off.

A High Court judge found that this was unlawful because those that moved to a different local authority area were being treated differently to those who moved within their local authority area – the Tory government had created a postcode lottery.

Take note of this:

The judgment in this first case described a “striking” lack of evidence from the [then-] Secretary of State that she had understood or considered the far-reaching consequences for severely disabled people who moved into a different local authority and would be forced onto Universal Credit.

As a result of the case, the Tory government proposed that those who had already moved onto Universal Credit would receive transitional top-up payments – but at a rate of £80 per month rather than the £180 per month they had actually lost.

TP and AR again took the Tories to court, arguing that short-changing them was unlawful as they were being unjustifiably treated differently to those who had not moved onto to Universal Credit and would continue to receive the full amount of SDP and EDP. The High Court again found in their favour.

And now the Tory government is appealing against both decisions.

Rather than accept the self-evident facts that their flagship “benefit” system is deliberately depriving severely disabled people of the money they need simply to survive – and rectify the change…

The Tories are demanding that the courts rubber-stamp this act of governmental daylight robbery.

And they are currently campaigning to win a general election, with a claim that they will solve problems with Universal Credit, when in fact they are actively trying to make it worse.

These are all excellent reasons to vote Labour – that party will abolish Universal Credit once and for all.

Source: Court of Appeal to hear two Universal Credit claims

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People who support Universal Credit should try reading the small print

So much is wrong with the minority Conservative government’s idea of Universal Credit that it doesn’t just need to be “paused” and “fixed” – it should be scrapped and completely rethought.

We already know about the six-week (at least!) wait before any new claimant – or claimant transferring from another benefit – is allowed to have any money. We already know about the taper rate scam (63 per cent? Why are the poorest in society being taxed more than the richest?).

We already know the whole system is set up to ensure that people receiving the benefit remain poor. Here’s ‘James L Johnson’ (it’s a pseudonym), writing in The Independent: “As six types of benefit are now combined into one universal credit payment, any deductions for take-home pay will have an effect on the entire sum, when at other times they might have retained their housing benefit, for instance, but lost their jobseeker’s allowance. Many claimants in work now find that they are hundreds of pounds worse off per month, to their shock, after a six-week wait.”

Some of us recently discovered that two payments for people with disabilities are not being incorporated into UC, meaning they will be scrapped. They are the Enhanced Disability Premium (EDP) and Severe Disability Premium (SDP).

According to Steve Topple in The Canary:

The Enhanced Disability Premium (EDP) and Severe Disability Premium (SDP) currently give disabled people with high support needs £15.90 and £62.45 a week respectively. But under Universal Credit neither [pdf p3-4] payment exists. These, along with ESA and Income Support, will be replaced with the following paymentsunder Universal Credit (NB: the amounts are for single people over the age of 25, without children and unable to work through ill health or disability):

  • Standard allowance – £317.82 per calendar month (pcm), or £73.34 per week.
  • Limited capability for work (only for claims started before 3 April 2017) – £126.11 pcm or £29.10 per week.
  • Limited capability for work and work related activity – £318.76 pcm or £73.56 per week.

So in total, people who claimed Universal Credit after April 2017, but were previously getting ESA support group rate (£109.65 per week), EDP and SDP, will be set to lose £41.10 a week – as they currently receive £188 a week versus £146.90 under Universal Credit. This means a loss of £2,137.20 a year.

The article goes onto explain the DWP’s claims that there are safeguards – and why these claims are, for the most part, nonsense.

This Writer will try to remember to write a Freedom of Information request on take-up of those safeguards after they have been operating for a statistically significant period of time.


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