A petition calling on the UK Government to give all legacy benefit claimants backdated payments is awaiting an official response after gaining more than 18,330 digital signatures since it launched two weeks ago.
The “Backpay the £20 Covid uplift to people on Legacy Benefits” online petition was created on February 15 by Michael Cervi and posted on the petition-parliament website where it has received thousands of signatures of support so far.
Once a petition posted on the petition-parliament website reaches 10,000 signatures, the UK Government will officially respond to it - at 100,000 signatures, website guidance states that it will be “considered for debate in Parliament” - however, it has been six days since the petition reached the required threshold.
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, more than five million people, 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 the recent ruling, 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.
Commenting on the ruling at the time, 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."
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."
Two of the litigants involved in the legacy benefits case have reported on social media that an appeal was launched on their behalf by Osbornes Law on February 25.
Osbornes Law have been contacted for confirmation on this.
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