Saturday, November 28, 2020

Benefit appeal rules ruled ‘unlawful’ at the High Court

DWP has confirmed that they will not appeal the verdict.

STAY CONNECTED

16,565FansLike
9,390FollowersFollow

Featured

Tory cuts will leave millions of families ‘permanently worse off’, says think tank

Fifteen-year income squeeze could leave families £1,200 a year worse off by 2025.

Government ‘neglect’ pushing unpaid carers into poverty, exhaustion and total despair

'Exhausted' unpaid family carers demand better support from the social care system.

Tories reject petition signed by 120,000 people demanding fairer disability benefits

Petition calls for the £20 a week uplift to Universal Credit to be extended to legacy benefits.

DWP must allow disabled students to claim Universal Credit, court rules

Disabled student wins right to be considered for Universal Credit.

DWP apologises after publishing personal details of more than 6,000 disability claimants

DWP data breach is being investigated the Information Commissioner.

Forcing sick and disabled people to have their benefit claim reconsidered in the event they disagree with the original decision is incompatible with human rights law, the High Court has ruled.

Changes introduced by the Department for Work and Pensions (DWP) mean sick and disabled people who disagree with a decision on a claim for Employment and Support Allowance (ESA) are required to ask for a “mandatory reconsideration” before they can appeal to a social security tribunal.

It is reported that around 400,000 ESA claimants have been forced to request this “reconsidation” on their ESA claim since 2013.

- Advertisement -

The crude policy enforced by the DWP means that ESA claimants are denied access to support while their claims are being reassessed, meaning thousands are forced to go without vital financial support or made to claim Universal Credit, or equivalent welfare support, whilst also being subject to possible conditionality requirements.

However, this latest victory offers a ray of hope for some of the poorest and most vulnerable people in our society, after the DWP reportedly confirmed that they will not appeal against the High Court’s ruling.

The DWP says it currently has no plans to remove the mandatory consideration phase from Universal Credit.

Photo by lydia_shiningbrightly

Marc Francis, director at the charity Z2K, said the mandatory reconsideration system has acted as a “barrier to justice” for ESA claimants, whilst describing the High Court’s ruling as “brilliant”.

“For too long, MR has been a barrier to justice,” he said. “Ministers must now fundamentally reform this discredited assessment and MR process.”

The case was brought by a 55-year-old benefits adviser, who was left without the financial support he needed for four months after disagreeing with a decision on his benefit claim.

- Advertisement -

Mr Francis decribed to the judge how the DWP’s decision to reject his original claim has left him in “legal and financial limbo distress and destitution”.

Defending his decision to take the DWP to court, he added: “My whole life, my whole vocation has been to fight to make sure the lives of vulnerable people are not denied.”

Summing up, the judge blasted the DWP for giving themselves an “advantage” over claimants, whilst adding: “There is no explanation for that.”

DWP statistics show that 82% of mandatory reconsideration decided in favour in claimants in April 2020.

The DWP said the department is “carefully considering” what to do next.

- Advertisement -

A spokesperson added: “Our aim is to ensure every claimant gets the right decision for them as soon as possible and the mandatory reconsideration process remains an important part of this.”

Read more: https://www.mirror.co.uk/news/politics/dwp-benefit-appeal-rules-defeated-22503558

Others Are Reading...

DWP announce Covid tier system for Jobcentres – how will yours be affected?

Jobcentres to remain open but services and requirements on claimants may differ.
Chancellor of the Exchequer Rishi Sunak MP.

Tory cuts will leave millions of families ‘permanently worse off’, says think tank

Fifteen-year income squeeze could leave families £1,200 a year worse off by 2025.

Tories reject petition signed by 120,000 people demanding fairer disability benefits

Petition calls for the £20 a week uplift to Universal Credit to be extended to legacy benefits.

Benefit payment dates over Christmas and New Year 2019-20

You may receive benefit payments early over Christmas and New Year. Check here to see if this applies to you and your family.

DWP has no legal duty to safeguard vulnerable claimants, says Thérèse Coffey

DWP Secretary's comments described as "shameful" and "dangerous" by a leading disability charity.

Government ‘neglect’ pushing unpaid carers into poverty, exhaustion and total despair

'Exhausted' unpaid family carers demand better support from the social care system.

How to get a non-repayable £500 emergency coronavirus grant

The grant can be used to cover vital living costs such as food and bills.

Comments

Latest Posts

DWP announce Covid tier system for Jobcentres – how will yours be affected?

Jobcentres to remain open but services and requirements on claimants may differ.

Tory cuts will leave millions of families ‘permanently worse off’, says think tank

Fifteen-year income squeeze could leave families £1,200 a year worse off by 2025.

Government ‘neglect’ pushing unpaid carers into poverty, exhaustion and total despair

'Exhausted' unpaid family carers demand better support from the social care system.
- Advertisement -

Latest

DWP announce Covid tier system for Jobcentres – how will yours be affected?

Jobcentres to remain open but services and requirements on claimants may differ.

Tory cuts will leave millions of families ‘permanently worse off’, says think tank

Fifteen-year income squeeze could leave families £1,200 a year worse off by 2025.

Government ‘neglect’ pushing unpaid carers into poverty, exhaustion and total despair

'Exhausted' unpaid family carers demand better support from the social care system.

Tories reject petition signed by 120,000 people demanding fairer disability benefits

Petition calls for the £20 a week uplift to Universal Credit to be extended to legacy benefits.
- Advertisement -