The High Court has ruled that Somerset Council’s decision to hike a claimant’s council tax liability after migration from employment and support allowance (ESA) to universal credit (UC)was unlawful, irrational and discriminatory. The judgement may be relevant to claimants living in other local authorities and readers should seek advice if you have been hit with a rise in similar circumstances
Back in April 2026, we reported on the case of Andy Mitchell.
Andy did not have to pay council tax under Somerset Council’s reduction scheme, in recognition of his disability. However, after his migration to UC, he received a reduction of only around £2 per week, meaning his council tax bill was more than £1,100 per year – despite there being no change in his level of income or his needs.
This was because two elements of his Universal Credit, the limited capability for work related activity element and the transitional element, which he receives as a result of his disability, were suddenly counted as spare income for the purposes of calculating his ability to pay council tax.
Andy challenged the ruling, represented by Leigh Day solicitors, who argued that Somerset’s council tax reduction scheme was unlawful because it treated migrated claimants differently to disabled people claiming legacy benefits and non-disabled people claiming UC.
They also argued that the council had failed to properly consider the impact of its scheme on disabled people, as required by the Equality Act.
The challenge was successful, with the judge ruling that Somerset’s rules are irrational and discriminatory because they treat people with the same needs differently solely on the basis of which type of benefit they receive. The judge quashed the council’s decision on Andy’s council tax and ordered them to reassess him. And this time they will have to do it fairly.
Andy Mitchell said:
“Today’s judgment is a huge relief. When I was moved onto Universal Credit, I was told that my income would be protected and that I would not be worse off financially. Yet I suddenly found myself facing a council tax bill of more than £1,000 a year despite nothing changing about my health, circumstances or needs.
“I brought this case because I believed that could not be right, and I am delighted that the court has agreed. I know there are many other disabled benefit claimants who have experienced the same shock after moving onto Universal Credit and struggled to meet their council tax liability. I hope this judgment helps ensure that people are treated fairly and that no one is penalised simply because of the type of benefit they receive. This is money the council should never have demanded from thousands of disabled people across Somerset.”
The judgment could have implications for other local authorities which operate similar council tax reduction schemes.
If you've been moved from ESA to UC and your council tax bill has increased as a result, it would be worth getting advice about whether you can challenge the rise.
Leigh Day is inviting people who believe they have been affected by similar council tax reduction rules to contact them at
You may also be able to get free help from an advice agency or law centre in your area. If you need legal representation, you can check whether you're eligible for legal aid.
