With thanks to our friends at Rightsnet for bringing this to our attention and now yours.
Tessa Gregory and Lucy Cadd from the law firm Leigh Day are bringing a judicial review challenge to the discontinuance of the Severe Disability Premium (SDP) and Enhanced Disability Premium (EDP) contained in legacy benefits when individuals are transferred, or ‘naturally migrated’, to Universal Credit (“UC”) without any transitional protection to cover the resulting significant shortfall to their income.
We represent two individuals who have lost their disability premia by virtue of moving house, into another UC full service borough. The two individuals are bringing anonymised claims and are known as ‘TP’ and ‘AR’, they both suffer from physical and/or mental health conditions. The loss of their SDP and EDP has resulted in a loss of approximately £200 per month, which is causing them significant financial and emotional hardship.
We have now reached the stage of the judicial review in which we need to collate and prepare supportive evidence. It would be helpful for the court to be provided with other case studies which show the broad and varied range of situations in which individuals are caught by the UC provisions, as well as the different impact that the loss of the SDP and EDP has had on peoples’ lives.
If any of your clients, or anybody you have been in contact with, have been moved on to UC as natural migrants, and have had their legacy benefits discontinued, in particular their SDP and EDP which had been paid through their ESA as a result of them being in receipt of DLA or PIP, we would be extremely grateful if you could provide a short summary of their situation which sets out how they came to be on UC and how the loss of their SDP/EDP is affecting them.
GMWRAG members turned out en masse for the PLP Conference North at the BPP Law School in Manchester last week. There was particularly strong representation from the newly formed GM Strategic Casework Group and much work is now being done to assimilate what was learnt through a long day of networking, lectures and workshops.
We have attempted a brief taster below and in due course we hope to present some the key documents from the day which are not already in the public domain. Where we can we have provided links so if you want to know who someone is or what they said then please click away.
Alison Pickup – Public Law Workshop – looked at project approaches to systemic issues with organisations i.e. not just using the law. We were especially interested in the idea that challenging an apparent unfairness could involve more than litigation e.g. campaigning; publicity; partnership working and so on.
Zoe Leventhal – Article 6 in social welfare law – Zoe has history on Article 6 challenges. Currently testing the legality of a refusal by the SoS to extend the right to a late MR so appeal rights are lost. A 3 judge panel has sat on whether denial of appeal is a breach of article 6 and whether JR is a sufficient remedy. Decision due in August 2017.
Charlotte O’Brien – Brexit and benefits – There is significant potential for an “administrative cataclysm” yet this is not even on agenda. Need to understand that even the most innocuous changes to benefits now e.g. definitions of work, will have huge impact on who stays post Brexit.
It’s very easy for welfare rights advisers to forget that, despite death by a thousand cuts, there are still organisations out there who will do home-visits and will still do form filling. Amongst them of course remains DWP. We have uploaded a list of contacts for DWP visiting services across the North West and Wales as well as the referral form they ask people to complete.
Please note that the referral form is for organisations only and, for that reason, we have chosen to password protect both the referral form and the associated document which gives advisers a nice list of email, phone and fax contacts across the North West of England and Wales. Most GMWRAG members will know our password routine but if you need us to spell it out then please DM @GMWRAGtweets on that Twitter thing or email the usual suspects within GMWRAG for details.
We are strangely reassured (or something) that in the age of driverless cars and the internet of things DWP still have fax machines.
Those of you who have had your interest piqued by the strategic casework approach we describe in our new section may want to consider that outsourcing form completion back to the organisation who issue most of them so you can focus on challenging erroneous decisions via complaints, letters before action and judicial review has many advantages.
Download a referral form for a DWP home-visit from here.
GMWRAG is keen to emphasise that, when completing a referral for a home-visit, there is an unprecedented opportunity to detail whether there are any “risk factors” and whether there are any “accessibility requirements”.
Whilst DWP are undoubtedly only thinking of risk and access for their visiting officers this space can be used to spell out the risk of visitors for clients e.g. people with mental health issues, learning difficulties and sensory impairments, and, the accessibility needs of the claimant e.g. a large print form and so on.