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Leigh Day Solicitors seeks clients to join a group action compensation claim for loss of disability premiums after moving to Universal Credit

27 September 2019

Leigh Day Solicitors are bringing compensation claims claims for people who have migrated to Universal Credit before 16 January 2019 and have lost their disability premiums - Severe Disability Premium and/or Enhanced Disability Premium

The legal firm highlights that a single person who was previously in receipt of the premiums moved onto Universal Credit around a year ago will have lost just over £4000 in the last year. This figure increases to just under £8,000 for a couple.

Leigh Day says that:

“The removal of these premiums has been confirmed by the courts to be unlawful and as a result Leigh Day are bringing claims (on a no win no fee basis) against the DWP.

These claims may be brought on behalf of all of those who have suffered the loss of their premiums as a result of a migration to Universal Credit before 16 January 2019.”

From 16 January 2019 new regulations prevent those receiving the severe disability premium (SDP) in a working age benefit means tested benefit from being able to claim universal credit.

Leigh Day further explains that:

“If you have previously been claiming legacy benefits, such as Employment and Support Allowance (ESA), with a Severe Disability Premium (SDP) or Enhanced Disability Premium (EDP) and have lost these payments following a move to Universal Credit, we would like to hear from you.

The government has recently announced plans to make transitional payments to those who have lost their SDP following migration to Universal Credit (UC). It is not yet clear exactly who will actually receive these payments and we are keeping the situation under review.

Our Human Rights team has written to the Secretary of State for Work and Pensions to seek clarification on how they arrived at the relevant figures.

More information on this can be found here.

We therefore anticipate that our group claim will still be necessary to ensure that claimants are awarded backdated benefits in full, as well as an additional amount in compensation to reflect any pain and distress caused by the removal of SDP and/or EDP following migration to Universal Credit.

If this applies to you or one of your services users, please get in touch by filling out one of our forms, or alternatively you can contact us by email to dwpclaims@leighday.co.uk or telephone 0161 804 0760. 

Please also see our frequently asked questions.”

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