High Court finds rules for moving to Universal Credit – still – unlawfully discriminate against severely disabled people


In TP, AR, AB & F v SSWP [2022] EWHC 123 (Admin), the High Court today ruled that the Department for Work and Pensions has unlawfully discriminated against severely disabled adults in its rules governing their transition from the old social security system to Universal Credit. The ruling could affect other severely disabled adults who have moved onto Universal Credit since the benefit was first rolled out several years ago.

The claimants were three severely disabled adults (and the disabled son of one of those adults) who suffered substantial financial losses when they were required to start claiming Universal Credit after a change in their personal circumstances. Two of the claimants (TP & AR) were involved in earlier successful challenges to earlier versions of the relevant DWP rules. The High Court today found that transitional payments introduced to support severely disabled people failed, without justification, to compensate the claimants (i) for loss of the Enhanced Disability Premium (worth around £80 to £100 per month) and (ii) in the case of AB and F, also for loss of disabled child support in Child Tax Credit (worth more than £150 per month per disabled child).  As such the claimants had been victims of unlawful discrimination contrary to the Human Rights Act 1998.

Zoe Leventhal acted for all of the claimants in these cases alongside Jessica Jones (for TP & AR) and Darryl Hutcheon (for AB & F).

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