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More than 300 claimants who lost their severe disability premium on migrating to Universal Credit issue High Court claim

16 July 2020

A High Court claim has been issued by more than 300 claimants who lost their severe disability premium (SDP)  on migrating to universal credit.

The claimants, represented by Leigh Day solicitors, each missed out on at least £170 a month since they were moved on to universal credit.

All were moved on to the new benefit before January 2019 and lost the severe disability premium which they had previously claimed, which left them worse off.
 
In January 2019, a gateway was put in place to ensure that those in receipt of the severe disability premium were barred from claiming Universal Credit.  
 
The legal claim has been issued after Secretary of State for Work and Pensions, Therese Coffey, failed to substantively respond to a Pre Action Protocol letter sent on the claimants’ behalf by Leigh Day solicitors.
 
The legal firm believe that up to 13,000 disabled people in the UK have been affected by the change and may be entitled to make a claim to retrieve lost benefit payments.
 
Leigh Day solicitor Ryan Bradshaw said:
 
“Our clients believe that it clearly cannot be right that they find themselves £170 a month worse off under the universal credit system when other claimants have the assurance that they will not be worse off on universal credit.”
 
The claimants are asking for compensation equal to the amount of money they have lost following their transfer to Universal Credit, for their previous level of benefits to be restored and maintained until a lawful migration scheme is established, and for compensation for the stress they have been caused.

For more information see Disabled benefit claimants issue claim for lost income under universal credit system available from leighday.co.uk.

See also Disabled households worse off on Universal Credit breakthrough test case win available from disabilityrightsuk.org.