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Thread: Incorrect Fit for Work decision and UC.

  1. #1
    Senior Member nukecad's Avatar
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    Incorrect Fit for Work decision and UC.

    Following the Judicial Review that brought the (not yet implemented) backpayment of those who lost SDP during a Natural Migration to UC.

    CPAG have now brought a 'follow up' case for Judicial Review of those who have lost premiums by having to claim UC because of an incorrect WCA decision.
    ie. Those wrongly found Fit-for-Work who then had to claim UC but later get the FFW overturned at MR/appeal.

    The case is currently being heard and ruled on.
    http://www.cpag.org.uk/content/disab...se-against-dwp

    More details of the grounds that CPAG are arguing:
    http://www.cpag.org.uk/content/unive...nal-protection

    EDIT:
    This situation can no longer arise if you have SDP, the new legislation in January 2019 means that you can't claim UC if you have had SDP in the past month.
    https://www.youreable.com/forums/sho...l=1#post153129
    (And if you only have EDP then you will get more money with UC anyway).
    Last edited by nukecad; 01-30-2019 at 04:48 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #2
    Senior Member nukecad's Avatar
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    CPAG lose at Judical Review.

    The case that CPAG brought to try and address the circumstance where an incorrect Fit-for-Work decision causes someone to Naturally Migrate to UC, from which they can't go back to ESA even when they get the FfW overturned at appeal has been lost.

    http://www.cpag.org.uk/content/unive...nal-protection
    The two cases were heard together at the High Court on 23 & 24 January 2019, and the judgment was given on 1 March. The High Court rejected a claim of unlawful discrimination and refused permission to appeal. CPAG will seek leave to appeal direct to the Court of Appeal.
    CPAG's response is here:
    http://www.cpag.org.uk/content/disab...m-court-appeal

    I've only skimmed the Judges decision.
    She states she has reached it 'reluctantly', but she has found that there is nothing illegal in this situation, although she does give a nod that it's morally wrong.

    My highlighting here.
    79. I have borne in mind also the need to place and assess the evidence in the context of the constitutional and social policy considerations discussed in the cases drawn to my attention by Mr Brown referred to above. The implementation of UC involves political decisions on matters of social policy where difficult choices must be made concerning the allocation of finite resources. The role of the courts is to evaluate the legality, not the morality, of such political decisions.

    80. The SSWP’s case is that she and her Ministers have specifically considered the apparently arbitrary disadvantage visited on people like these Claimants - caring alone for a child with severe disabilities in the case of TD and living alone with severe disabilities in the case of PR – resulting from an error in their benefits made by her department. She has decided as a matter of policy to withhold transitional protection from claimants in respect of whom she has wrongly ceased legacy benefits notwithstanding an expressed commitment when UC was introduced to the effect that no one was to suffer hardship at the point of transition to the new system. It is the evidence of her department’s consideration and her policy decision that in my view obliges me to find that the test of justification is satisfied here.
    Of course this is less important if you are wrongly found FfW now, you can't lose the SDP because you can't claim UC anymore if you have SDP.
    If you don't have SDP you will get the same or more with UC, and you will be made to migrate anyway in a couple of years time.

    But it doesn't help those who have already lost their SDP as a consequence of an incorrect FfW decision.
    Last edited by nukecad; 03-01-2019 at 02:14 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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