Legacy Benefits uplift, we've lost the battle. — Scope | Disability forum
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Legacy Benefits uplift, we've lost the battle.

Oxonlady
Oxonlady Scope Member Posts: 566 Pioneering
in Disability rights and campaigning
I have just heard that the Court of Appeal has dismissed the case of four claimants who stated that not granting people on legacy benefits the same £20 uplift that people on Universal Credit received during Lockdown constituted discrimination against disabled people.
Of course I am extremely disappointed and appalled by the Courts' decisions. Many people got financial support during Lockdown. People who are chronically ill and disabled received nothing extra. Why? It is very unfair. Do we not matter? Well, obviously not. So now we know what the government really thinks of us. We're not a priority, we don't matter.
Sorry but I'm just so angry and upset... 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 49,886 Disability Gamechanger
    I'm a legacy benefit claimant but to be honest i didn't expect them to win at all.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • calcotti
    calcotti Community member Posts: 10,011 Disability Gamechanger
    Oxonlady said:.. appalled by the Courts' decisions. ..
    it isn’t the role of the court to agree or disagree with government policy. The court can only consider whether or not the find the policy to be lawful.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Oxonlady
    Oxonlady Scope Member Posts: 566 Pioneering
    Hi @calcotti, I don't see how something that is so clearly discriminatory can be lawful. 
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Nit all disabled claim legacy benefits some claim uc so got the uplift in the same way not all peoole on legacy benefits are disabled.  So it wasn't discrimination against disabled 

    Tho I do think everyone should have had the same uplift 
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  • poppy123456
    poppy123456 Community member Posts: 49,886 Disability Gamechanger
    For those that are claiming ESA in the Support Group without the SDP they could have moved to UC during Covid and received the uplift. UC and LCWRA pays more than ESA Support Group anyway (though not if SDP is included in the ESA)
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Oxonlady
    Oxonlady Scope Member Posts: 566 Pioneering
    Hi @janer1967, I agree. Why support financially one group on benefits but not the group on Legacy benefits? 
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  • calcotti
    calcotti Community member Posts: 10,011 Disability Gamechanger
    Oxonlady said:
    Hi @calcotti, I don't see how something that is so clearly discriminatory can be lawful. 
    Obviously you can have an opinion but nonetheless the courts have decided the approach taken by the government is lawful.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Oxonlady
    Oxonlady Scope Member Posts: 566 Pioneering
    Hi @calcotti, yes of course, and I think the judicial process is over, that's why I said that we've lost the battle. Sometimes legal judgements are not necessarily morally right but there's nothing we can do about that. 
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  • calcotti
    calcotti Community member Posts: 10,011 Disability Gamechanger
    Oxonlady said: Sometimes legal judgements are not necessarily morally right but there's nothing we can do about that. 
    Indeed 'moral' and 'legal' do often part company!
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • calcotti
    calcotti Community member Posts: 10,011 Disability Gamechanger
    stormy said:
    calcotti said:
    Oxonlady said:.. appalled by the Courts' decisions. ..
    it isn’t the role of the court to agree or disagree with government policy. The court can only consider whether or not the find the policy to be lawful.
    Why did they find it to be lawful?
    https://www.bailii.org/ew/cases/EWCA/Civ/2023/24.html
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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