- Posts: 18
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Universal Credit & ESA Disability Premiums
× Members
Universal Credit & ESA Disability Premiums
- FlemingWay
- Topic Author
- Offline
Less More
5 years 9 months ago #214600 by FlemingWay
Universal Credit & ESA Disability Premiums was created by FlemingWay
Hi there,
I was pleased to see the high court had ruled that the loss of these premiums was unlawful:
www.theguardian.com/society/2018/jun/14/...nst-high-court-rules
However it says that the DWP are planning to appeal - do you have any insight into if or when this appeal will happen, please?
I don't know how this ruling is affecting things on the ground at the moment - are people entitled to SDP & EDP who have to move to UC areas currently protected from losing these premiums in light of the High Court judgement?
I'm still very nervous of moving and being potentially so much worse off - I was reassured by the news of the High Court decision but then saw the government are planning to challenge it, so we're not out of the woods yet.
Many thanks for your help
FW
I was pleased to see the high court had ruled that the loss of these premiums was unlawful:
www.theguardian.com/society/2018/jun/14/...nst-high-court-rules
However it says that the DWP are planning to appeal - do you have any insight into if or when this appeal will happen, please?
I don't know how this ruling is affecting things on the ground at the moment - are people entitled to SDP & EDP who have to move to UC areas currently protected from losing these premiums in light of the High Court judgement?
I'm still very nervous of moving and being potentially so much worse off - I was reassured by the news of the High Court decision but then saw the government are planning to challenge it, so we're not out of the woods yet.
Many thanks for your help
FW
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51057
5 years 9 months ago #214601 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Universal Credit & ESA Disability Premiums
FlemingWay
The Government are appealing the discrimination element of the Decision not that the Premiums should be paid, in fact the Minister has promised in the House to offer Transitional Protection for what are called Natural migrations and to compensate claimants who have already been moved.
However, as is often the case with these announcements, no timescales were mentioned or indeed how this would be achieved given that Universal Credit does not allow for these payments.
So as of today, there is no Protection and claimants will still lose any Premiums that they receive if they are required to claim UC.
It's important to understand that the only claimants effected at this time are those that have to make a claim for UC due to their making a new claim for one of the benefits that is covered under UC. Existing claimants are not be moved to UC and won't be until at least next year (if then) and will have Transitional Protection for this Managed Migration.
Gordon
The Government are appealing the discrimination element of the Decision not that the Premiums should be paid, in fact the Minister has promised in the House to offer Transitional Protection for what are called Natural migrations and to compensate claimants who have already been moved.
However, as is often the case with these announcements, no timescales were mentioned or indeed how this would be achieved given that Universal Credit does not allow for these payments.
So as of today, there is no Protection and claimants will still lose any Premiums that they receive if they are required to claim UC.
It's important to understand that the only claimants effected at this time are those that have to make a claim for UC due to their making a new claim for one of the benefits that is covered under UC. Existing claimants are not be moved to UC and won't be until at least next year (if then) and will have Transitional Protection for this Managed Migration.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: FlemingWay
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris