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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

legacy benefits court case

138 replies

Mychocolateteapotsmelted · 19/11/2021 06:26

Its for the 20 pounds uplift that universal credit claimants got and people on legacy benefits didn't get..the case started yesterday and ends today.

OP posts:
LakieLady · 28/11/2021 12:32

@mumda

So why are people still on legacy benefits?
Because the DWP have only done an incredibly limited trial of "migrating" claimants from legacy benefits to UC and never got any further with it.

All of which leads me to suspect it didn't go well.

nosafeguardingadults · 28/11/2021 12:36

Am legacy benefits person. Want case win but am frightened if case wins, cos scared they'll do something else nasty in revenge like early reassessments pushing more of us to kill ourselves.

Am so scared of reassessment especially cos live in very bad support area so have no support, am not getting the severe disability premium tho doctor said I should be. Too frightened to call DWP cos scared they'll be angry if I get more money so will do revenge and early reassessment and I no strength for that now.

Sorry another thing different thing but about legacy benefits.

Wish was allowed for domestic violence victims to stay on legacy benefits if have ti flee areas. Especially cos many of us need benefits cos of the domestic violence cos young children or cos physical or mental injuries.

Don't want to flee as had very bad experience trying to leave and strength gone at moment especially cos no help in my area but if emergency again, is so much to go through. Is so traumatic frightening so upheaval. Mean a lot to help tiny bit less stress if could stay legacy.

Maybe not long term cos kno be forced in end to do universal credit but need time to recover from domestic abuse first without extra problems. Is also possible some of us may not need stay on benefits forever if allowed safe homes and support to recover.

Sorry confused don't understand. Poster said if case wins, government fights it but is not cheaper giving us the money? Am not understanding maybe. Sorry just am very stressed and cynical and bitter about benefits and also domestic violence and people need to kno is big link.

LakieLady · 28/11/2021 12:45

@nosafeguardingadults, if you are getting the daily living component of PIP, and providing that a) no-one claims carer's allowance for helping you and b) you don't live with another adult, you are absolutely entitled to the severe disability premium.

While the DWP are utter bastards, they don't do revenge reassessments on people who claim the premium. In fact, quite the opposite: a while ago they had to contact everyone on PIP/DLA and legacy benefits and start paying the premium to everyone who qualified for it, including thousands of pounds in arrears in a lot of cases.

Please claim it, if you are entitled to it.

nosafeguardingadults · 28/11/2021 13:00

Thank u lakie. Am in that situation daily living enhanced but am frightened of revenge. Maybe cos of domestic violence experience yrs of it and used to revenge things. Thou should be honest that dwp were nicer than most support places on my area more than anywhere else except my doctor. Scared still they'll say it's time for reassessment.. Don't kno when is due anyway tho. Maybe is benefit cap cos don't understand it but in London so maybe housing benefit so much am not allowed extra ESA premium. Maybe will call after Christmas cos definitely don't want risk problem when everywhere closed.

They'll be more angry if lose court case tho.

My biggest worry is being forced to universal credit if domestic violence flee. Am still at risk. Was so upheaval and as traumatic as abuse experiences when tried to leave. If ha evto flee again, staying on legacy would help lots to be one less bad stress thing to be stressed on.

TimesAHero · 29/11/2021 14:07

I read this case concluded on Friday. Does anyone know when we would be expected to find out?

If pay is backdated, it would come in handy for Christmas Grin

TurnUpTurnip · 29/11/2021 14:08

Doubt it will be before Xmas but we can dream 😏

TimesAHero · 29/11/2021 14:54

That’s a shame. Although I did also read even if the claimants win, it does not mean there will be back payments Sad

Colin7691 · 29/11/2021 15:57

theres not a chance it will be before Christmas, the judgement might not even be done by then, but even if it is, the DWP will have time to consider an appeal before having to make a single payment, I would doubt any backpayments would be made by Easter, let alone in the next few weeks :(

Dontbeamugallyourlifesucker · 29/11/2021 16:45

Still no newsSad It's shocking it's taking so long!.. Same money and circumstances =universal credit + 20 pounds a week extra.. Legacy benifits for the same circumstances =0 per week!. If you haven't been updated to universal credit from Income support to UC a big fat No! to 20 pounds per week extra!

Akire · 29/11/2021 16:50

I imagine it will be found as being discriminatory BUT they did it for financial
Reason so not to “sink” the pot so oh well never mind for the great good.

TimesAHero · 29/11/2021 17:14

Who would qualify for it? Is it for people who are on ESA contribution based too?

A lot of things only apply to income related ESA.

Colin7691 · 29/11/2021 17:19

@TimesAHero

Who would qualify for it? Is it for people who are on ESA contribution based too?

A lot of things only apply to income related ESA.

Only income based and only under certain conditions, ie disability premiums. If you have a low income and are on CB IS then you could claim UC too and you could have had the uplift.
Colin7691 · 29/11/2021 17:20

meant to say CB ESA not IS

TimesAHero · 29/11/2021 17:39

I am on ESA in the support group but mine is “new style ESA” . It sounds like I won’t qualify Confused

LakieLady · 29/11/2021 18:01

@nosafeguardingadults, it shouldn't be the benefit cap, because you get PIP. Getting PIP exempts you from the benefit cap.

Is there another adult living with you? That would mean the premium isn't payable.

If you should have been getting it, they will pay you the arrears.

raviolo · 29/11/2021 18:32

Do you know how long they take to pay sdp? @lakielady

I started getting pip as well as my dp and have written to them twice but haven't seen anything yet.

They noted the pip as they sent a change of circs calculation but no additional payment.

Colin7691 · 29/11/2021 19:02

@raviolo

Do you know how long they take to pay sdp? *@lakielady*

I started getting pip as well as my dp and have written to them twice but haven't seen anything yet.

They noted the pip as they sent a change of circs calculation but no additional payment.

Do you both live alone with no other adults in the house and get income based ESA?
raviolo · 29/11/2021 19:06

There is another adult but he also gets pip - my son. he's also in full time education. It is income esa

Colin7691 · 29/11/2021 19:12

@raviolo

There is another adult but he also gets pip - my son. he's also in full time education. It is income esa
No carers being paid to anyone for you either? Unless it's changed you used to have to ring and apply for it, I would give them a ring and ask why it isn't being paid
TimesAHero · 30/11/2021 06:48

The case was heard yesterday.

I can’t see anything to say it’s only for income related ESA and I do hope contributions based is included. It would not be fair to exclude it . ESA either way is a disability benefit Confused

Colin7691 · 30/11/2021 10:02

@TimesAHero

The case was heard yesterday.

I can’t see anything to say it’s only for income related ESA and I do hope contributions based is included. It would not be fair to exclude it . ESA either way is a disability benefit Confused

The case wasn't heard yesterday? CB legacy benefits are not included, if you were on a low income you could have claimed UC and therefore could have had the uplift. Those on income based with disability premiums could not migrate to UC therefore had no way of getting the uplift. Thats why it was discriminatory, as disabled people were not able to get it due to government policy at the time.
TurnUpTurnip · 30/11/2021 12:59

I’m confused does it include those on income support or is it just esa then? 🤔

Akire · 30/11/2021 13:34

The benefits involved in the court case are:
-Income-related Employment and Support Allowance (ESA)
-Income Support
-Income-based Jobseeker's Allowance (JSA)

As said above if you were in JSA or income support you could move over to UC it’s just disabled people were stopped from doing so. Plus when you already live on benefits having everything stopped for mim 5 weeks isn’t something people wanted to do in a pandemic.

TurnUpTurnip · 30/11/2021 13:39

Oh ok thank you I didn’t know people were stopped from moving, I’m on income support as a carer for my disabled child, but been too scared to go on to UC as heard so many horror stories so been trying to stay on IS for as long as possible!

MatildaIThink · 30/11/2021 13:49

@TimesAHero

I read this case concluded on Friday. Does anyone know when we would be expected to find out?

If pay is backdated, it would come in handy for Christmas Grin

It is estimated that the judgement would take 2-4 weeks. In the unlikely scenario that it succeeds then there is no way it would be paid before Christmas, late in Q1 next year would be the earliest a payment would happen and that is only if and it is a very big if, he case were to succeed.