The Green Paper Discussion (the document link is here too!)
Comments
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Do you have a link please?
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I don’t know how to link but if you find Ben claimant Ellen is the latest video. If you subscribe you’ll get all the updates
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Is it this one?
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hi , yes I think it is . Just released about an hour ago ? Thank you for sharing the link .
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Im The same ,I get indefinite dla high rate for mobility and income related esa support group, waiting for the dreaded migration letter. God knows how all this will effect me.😪
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Thank you so much.
I feel much more optimistic after watching that.
Ellen is amazing and so inspirational.
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we know work is being done in the background already which is good
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I am on LCWRA for ME Syndrome, not getting pip, i did try for it but it went badly and i ended up walking out while my dad had a stand up argument with the asessesor for 10 minutes.
As things stand we all know LCWRA payment will be frozen at its 2025 rate until 2029/2030 at which point i presume LCWRA abrubtly ends for all 600,000 odd claiments with no safety net for those unable to work.
At this point it is totally unclear how all 600,000 will be able to be re-assesed for pip in a short space of time to to be able to have a continaution of UC health component or even if it is going to be done automatically or if it's something all LCWRA claiments will need to do themselves before 2028.
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Goodnight friends.
I won't be here much in the next few days as I am having a stay cation in the far west of Cornwall (I live in North Cornwall)
Thanks for all your solidarity and love. X
Please take care x
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Hope you have a lovely time Luvpink.
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I think (I might be wrong) that it means the govt hopes and assumes it can't be challenged. Individuals, charities and organisations can challenge this via the court system. I believe that's what happened when the tories tried to slam through similar legislation.
so - I've just done a quick search on Claude (another AI) and asked if it it's succesfully taken to court and what happens - please bare in mind this is AI so grain of salt here:
Legal Challenges to Benefits Reform (2025) in the UK:
If people challenge this benefits reform in court using discrimination arguments under the Equality Act 2010 (which replaced the Disability Discrimination Act) or human rights legislation, several things could happen:
Potential Legal Challenge Routes:
- Judicial Review - This is the most common way to challenge government decisions. Someone affected by the reforms could apply for judicial review claiming:
- The government failed to properly consider its Public Sector Equality Duty
- The changes discriminate against disabled people
- The consultation process was flawed
- The changes breach human rights obligations
- Equality Act Challenge - Arguing the changes amount to indirect discrimination against people with certain disabilities
- Human Rights Challenge - Based on Article 14 (non-discrimination) in conjunction with Article 8 (right to private life) or Article 1 of Protocol 1 (protection of property) of the European Convention on Human Rights
What Could Happen If Challenges Succed:
If a legal challenge is successful, several outcomes are possible:
- The court could strike down specific provisions as unlawful, requiring the government to revise them
- Implementation could be delayed until the government addresses the legal issues
- The government might be required to conduct a new consultation or equality impact assessment
- The court could issue a declaration of incompatibility (with human rights law), which doesn't invalidate the legislation but puts political pressure on the government to change it.
Recent Precedents:
There have been successful challenges to benefits reforms in the past:
- In 2023, the High Court ruled the previous government's WCA consultation unlawful (mentioned in this Green Paper)
- In 2016, the Court of Appeal ruled that the bedroom tax discriminated against a domestic violence victim and the family of a disabled teenager
- In 2019, the Supreme Court ruled that the different treatment of severely disabled people who moved to Universal Credit was discriminatory
What it means in practice:
When courts rule against benefit reforms, the government typically:
- Creates exemptions for specific groups affected by the discrimination
- Makes modifications to policies to address the discrimination
- Sometimes pays compensation to those affected
- Occasionally scraps the policy entirely and starts over
The courts cannot permanently block Parliament from changing benefits, but they can force significant revisions to ensure compliance with equality and human rights laws. This often leads to less severe versions of the original proposals, especially for the most vulnerable groups.
Any successful legal challenge would take time to work through the courts, but could result in important protections for disabled people affected by the most problematic aspects of these reforms.
Other Legal Grounds for Challenging UK Benefit Reform (2025):
Beyond the Equality Act 2010 and general human rights legislation, there are several other legal avenues people and organizations could use to challenge the government's proposed benefit reforms:
Administrative Law Principles:
- Irrationality/Wednesbury unreasonableness - Arguing that the decision is so unreasonable that no reasonable authority could have made it
- Procedural fairness - Challenging how decisions were made rather than the decisions themselves
- Legitimate expectation - If beneficiaries had a reasonable expectation their benefits would continue based on previous government assurances
International Treaties and Obligations:
- UN Convention on the Rights of Persons with Disabilities (UNCRPD) - The UK has ratified this, creating obligations to protect disabled people's rights
- International Covenant on Economic, Social and Cultural Rights - Includes the right to social security and adequate standard of living
- European Social Charter - Includes protections for the right to social security
Specific UK Legislation:
- Welfare Reform Act 2012 - Changes must be consistent with this act's provisions
- Social Security Administration Act 1992 - Contains procedural requirements for changes to benefits
- Child Poverty Act 2010 - If changes would impact child poverty targets
- Care Act 2014 - If changes would affect disabled people's care needs
Constitutional Principes:
- Rule of law - Challenging arbitrary decision-making or lack of clear criteria
- Parliamentary sovereignty - If secondary legislation exceeds powers granted by primary legislation (ultra vires)
- Devolution issues - Where reforms affect devolved matters in Scotland, Wales, or Northern Ireland
Common Law Rights:
- Common law right to a fair hearing - If assessment processes don't provide sufficient opportunity to present one's case
- Common law right to dignity - Some courts have recognized this as an underlying principle
Organizations That Could Bring Challenges:
- Disability rights organizations - Groups like Disability Rights UK or the Disability Law Service
- Legal charities - Organizations like the Public Law Project or Child Poverty Action Group
- Law Centers - Providing free legal representation
- Strategic litigation partnerships - Where charities partner with law firms for impact cases
Recent Examples:
- In 2022, the High Court ruled the DWP's failure to conduct in-person assessments during Covid discriminated against disabled people with certain conditions
- In 2020, the Court of Appeal ruled that moving severely disabled people to Universal Credit without transitional protection was unlawful
Legal challenges don't always succeed, but they've been important in moderating some of the harshest aspects of benefit reforms in recent years. They often focus on protecting specific vulnerable groups rather than challenging the entire reform package.
3 - Judicial Review - This is the most common way to challenge government decisions. Someone affected by the reforms could apply for judicial review claiming:
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I'm sorry you went through this re PIP. I have ME/CFS too so that really sucks. As far as I understand (and my brain is a bit fuzzy/blank right now) LCWRA is frozen until 29/30. So it's not a cut-cut but it kind of is with rising cost of everything.
As for re-assesing PIP, no clue. It depends on what the goal actually is. They say it's to get people back into work, because that cures terminal illness and degenetive conditions and gives dignity back (sorry! my snark is high today). I'm thinking they are banking on people being too afraid to get re-assesed, they'll see they need 4 points in one catagory and know they won't get it so they don't even get re-assessed and that means they immediately cut the people on PIP right out the gate. The details about reassessing are very fuzzy - maybe deliberately or incompetent or a mix of both? They seem very defensive and cagey when they are asked about the details of how this will work in practice re re-assessments.
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Last 48 hours I have done nothing but fret over all this. Even planning my death in my head as I know I won't survive if this goes through. It's bad enough dealing with Multiple Sclerosis on a daily basis and the worst thing for it is stress as it triggers all my symptoms to go over ride. Wetting myself dirty myself and constant spasms and inability to sleep. Totally totally disgusted with the government.
I know I can't function in a work place environment and be sacked in an instant for falling asleep, at the toilet regularly and God forbid if got to go there walking sticks and zimmer frames to get around an office.
Been looking at all my medication bags of them for all my symptoms researching what pills be best effective to kill myself. This is how bad this has got disabled people and nasty feeling is what they want. Disability now is this country you get nothing for except just to rot like many third world countries with begging bowls in the street.
Trying my best not to think about there brutal cuts as I can't see any way forward but to consider to take an overdose or get my mobility scooter to nearest motorway and to jump off a bridge. Is this what this country become third world.
The system does need reforming with so many over the top claims but this plaster for one rule for all will be the solution. I know I can't work I know I have a condition I can't function with so the answer from this labour government is to die.
Really really don't know what to do next as can't see any light ahead for me.
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I feel exactly the same as you and looking for the best way out. No family or friends to help, so without any money will starve/freeze to death. Sending you a hug as thats all I have to offer.
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I'm just praying that I hope there will be answers to be found but ever since the announcement was made and the rug/support pulled I feel more vulnerable than ever seen before. I know I can't work I know I can't do things I once did but this government attitude is "tough" and told to rot.
Thanks for reading my post means a lot as I can't speak to anyone how bad it is. Even if phoned Smaritans or Crisis Teams what they going to say or do.... nothing. Plus no doubt now swamped with callers going on about the same thing.
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Can't believe even Googling the best way out and what of my pills is best to use. Plenty of pills to choose but which is most effective. Then where can I take my mobility scooter too to just ride of a bridge sod the consequences and left with there agencies to deal there after. So so deeply anxious now and all because THEY pulled this plug of so so called support.
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I completely understand :( I only got lcwra in December last year :( now everything is just going to be ripped from me and millions of other people. It’s so sad I googled too earlier and I didn’t even need to finish typing as it was a suggested search, I guess so many other people have to :(
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Fact that I'm awake at this God forbidden hour Googling such questions as a solution shows something is not right. I know many people are in this boat also but the politicians need to understand the consequences of there actions. Vulnerable people's lives playing around with and click and in an instant pull the plug. What do they expect all of us to magically be able again to work they are having a laugh.
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Yes absolutely, nobody is going to get better as they magically say so :( so fed up with it, I wish I was ‘normal’ but clearly that’s not going to happen anytime soon. I’m up as my insomnia, but this is all making it so worse, not slept for nearly 56 hours, yet the doctors do nothing. I swear the government think mental health/any type of health is an easy fix.
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Contribution/new style ESA and JSA merging to form 1 unemployment benefit for a limited time....why is no one discussing this as much as PIP and UC. This affects every working person now or in the future that have savings, (if they are keeping the savings limit the same for UC eligibility). If anyone who has worked, have savings and becomes so unwell that they can no longer work then the support group of new style/contribution based ESA will no longer exist, you will get help for a limited time to try and help you to get back into work. If you can't work after the time limit you can check to see if you're eligible to claim UC/PIP. If your not eligible which I'm sure a lot of people who have savings are already not eligible for UC and you don't get 4 points in 1 section for PIP then you get NO help from the government at your time of need after paying your taxes whilst working. You are then expected to live off your savings until it runs out, loose your home you have worked hard for because they will make you sell it to provide funds for yourself as you have capital and then when you are final broke you can now apply for UC. Why is this being overlooked so much?It's making me think that I've got it wrong. We need clarification on this because I think think this is a huge thing that people seem to be overlooking. Maybe a lot of people have never heard of the new style ESA support group and don't know it's if you have worked and have enough NI contributions for the 2 years before becoming unfit for work that this is the benefit you get and is what they are wanting to stop. Please let's get talking about this, get it spoken about on the news/ radio and clearly explain who it will affect and how. I feel it's going to impact so many people who have no idea
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