Discrimination in migration to Universal Credit


Re: R (TP AR & SXC) v SSWP & Anor [2019] EWHC 1116 (QB)

The provisions in the draft Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations are discriminatory under ECHR, art 14 insofar as they treat two groups of severely disabled people differently in terms of migration to Universal Credit.

The differential treatment arose depending on whether persons in receipt of the Severe Disability Premium had already migrated across to Universal Credit before 16 Jan 2019 or whether they had yet to move across by that date. This gave rise to a £100 financial difference in transitional payments, despite both groups having the same disabilities and being equally vulnerable.  The Court held that there was “no logical foundation” for treating these two groups differently and therefore quashed the impugned provisions.

Zoe Leventhal, Jessica Jones and Christopher Buttler were involved in this case.