A petition calling on the UK Government to give all legacy benefit claimants backdated payments equivalent to the £20 weekly uplift received by millions of people on Universal Credit during lockdowns - some £1,500 - has surpassed a milestone which should trigger an official response.
The “Backpay the £20 covid uplift to people on Legacy Benefits” online petition was created just over a week ago by Michael Cervi and posted on the petition-parliament website where it has received more than 13,700 signatures of support so far.
Once a petition posted on the petition-parliament website reaches 10,000 signatures, the UK Government will respond to it - at 100,000 signatures, website guidance states that it will be “considered for debate in Parliament”.
On February 18, a High Court judge ruled that the UK Government's decision not to extend the £20 uplift to those on legacy benefits to support them during the pandemic was "justified".
Benefit claimants on Universal Credit received a £20 a week increase to help them during the Covid-19 crisis, however, the uplift was not extended to those on older benefits such as Employment Support Allowance (ESA) and Jobseeker's Allowance (JSA) - which campaign groups say disproportionately affected disabled people.
Four disabled people who claim ESA brought a challenge against the Department for Work and Pensions' (DWP) decision at a hearing in November, with their barristers arguing the difference in treatment was incompatible with their human rights.
But, in a ruling on Friday, their case was dismissed by Mr Justice Swift, who said there was indirect discrimination caused by the difference in treatment, but that the decision was lawful nonetheless.
The judge said it was lawful for Work and Pensions Secretary Therese Coffey to focus resources on newer benefit claimants, who were dealing with job losses, rather than those who were already in receipt of benefits.
He said: "My conclusion is that the difference in treatment of Universal Credit claimants over those claiming legacy benefits resulting from the 2020 Regulations was justified.
"The decision to increase the Universal Credit standard allowance was one of a series of decisions made at the beginning of the pandemic."
The judge added: "The central question raised by the claimants' discrimination claims is whether it was lawful for the secretary of state to direct her attention to the position of new benefits claimants - all of whom would have made claims for Universal Credit.
"I consider that she was. New benefits claimants would need to adjust to a loss in income. They would be affected differently to persons already claiming benefits."
The claimants, who were supported by a number of disability rights' groups and charities, are considering whether to appeal against the ruling.
Their solicitor William Ford, of Osbornes Law, said: "We are extremely disappointed by today's judgement and will study it carefully to assess whether there are any grounds to appeal.
"The court's decision is a devastating blow to more than two million people who we consider were unjustly deprived of the £20 uplift given to those who receive Universal Credit during the pandemic.
"It is deeply unfair that those on so-called legacy benefits should be discriminated against in this way and we will look to see if we can continue to fight the Government on this issue to get our clients and everybody else on legacy benefits justice."
Anastasia Berry, policy co-chair of the Disability Benefits Consortium and policy manager at the MS Society, said: "This ruling will come as a colossal blow to the 2.2 million people on legacy benefits... who were cruelly denied the emergency funding which was offered to others without any justification.
"But we refuse to give up the fight. Having been let off the hook legally, at least for now, the Government is planning to heap insult on injury by increasing benefits at only half the rate of inflation - a real terms cut.
"The least they can do is stop ignoring the needs of disabled people and increase benefits by 6%, in line with current inflation."
A DWP spokeswoman said: "We welcome that the court found in our favour.
"The temporary £20 uplift for Universal Credit claimants ensured vital support was given to those facing the most financial disruption due to the pandemic."
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