Last updated: March 1, 2019test case
R (TD and AD) v SSWP CO/590/2018; R (Reynolds) v SSWP CO/4542/2018
This case continued notwithstanding the Ministerial statement and subsequent draft regulations claiming to provide transitional protection to those disabled people who have moved onto UC ahead of the managed migration process and, as a consequence, lost out on the SDP. The draft regulations do not in fact provide for a disabled adult previously in receipt of SDP to receive an equivalent top up amount in UC if they are in receipt of the LCWRA element and do not address at all the situation of disabled children.
The two cases were heard together at the High Court on 23 & 24 January 2019, and the judgment was given on 1 March. The High Court rejected a claim of unlawful discrimination and refused permission to appeal. CPAG will seek leave to appeal direct to the Court of Appeal.
On 8 February 2018, CPAG issued a claim for permission to apply for judicial review on behalf of two households, each with a person with a disability, challenging the lack of transitional protection or, alternatively, the inability to return to legacy benefits once an award for universal credit has been made, in circumstances where the DWP makes a decision terminating an individual’s award of a legacy benefit, which is subsequently shown to have been a wrong decision and is overturned, and the individual is financially worse off under UC.