Four benefit claimants have been granted permission to appeal a High Court decision that ruled against their challenge to the Department for Work and Pensions (DWP). The case centres on the £20 weekly uplift to Universal Credit introduced during the pandemic, which was not extended to those on older-style legacy benefits.
The claimants argued that the difference in treatment was discriminatory under Article 14 of the European Convention on Human Rights. The High Court accepted in February 2022 that a greater proportion of disabled people receive legacy benefits, and that both groups of disabled claimants were in the same position, but ruled the difference was justified.
If the appeal succeeds, each affected person could receive up to £1,560, the amount they would have received under the uplift. Around two million households remain on legacy benefits, including Income Support, Housing Benefit, and tax credits.
The Court of Appeal granted permission to appeal on 3 August 2022, but a new hearing date has not yet been set. A petition calling for backdated payments has over 30,000 signatures; if it reaches 100,000, it will be considered for debate in Parliament.
A DWP spokesperson said it would not be appropriate to comment while litigation is ongoing, adding that legacy benefit claimants can apply for Universal Credit if they believe they would be better off.
