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Severely disabled claimants win challenge on the absence of transitional protection under regulations which provide for rolling out of universal credit and the abolition of previous welfare benefits

R (TP and AR) v SSWP [2018] EWHC 1474 (Admin)

Related Member(s):
Zoë Leventhal, Chris Buttler
Related Practice Area(s):
Discrimination and Equality, Human Rights, Healthcare, Mental Health and Mental Capacity
Court:

The claimants in this case challenged the absence of transitional protection under Regulations which provide for rolling out of universal credit and the abolition of previous welfare benefits. This claim was brought by two severely disabled people who were obliged to claim universal credit when they moved across local housing authority boundaries. The absence of transitional protection resulted in a loss of income of over £170 per month.

The Court found that the lack of transitional protection for severely disabled people who moved across local authority boundaries resulted in differential treatment between them and others who remained or moved within their local housing authority area, and that such differential treatment was not objectively justifiable.

Consequently, the Court held that the transitional arrangements for the roll-out of universal credit unlawfully discriminated against severely disabled people, in breach of ECHR, art 14 read with art 1 of the Protocol 1.

Chris Buttler and Zoe Leventhal were involved in this case.