Disability benefit cuts plan ruled unlawful as DWP loses court case ...Middle East

The Department for Work and Pensions (DWP) has plans to reform a key disability benefits test that could see more than 400,000 disabled and chronically ill people lose more than £400 a month.

Disability rights campaigner Ellen Clifford – who brought the legal action against the Government – said she was “overjoyed” the judge had ruled in her favour.

While the consultation took place under the Tories, the current Labour Government chose to defend the benefit reforms in court and has committed to savings that would be made.

I’m disabled and on benefits - wicked Labour changes mean I’ll struggle to get by

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The High Court judge said the consultation documents were misleading for failing to highlight the “substantial” loss of benefit payments and created a “misleading impression” that changes were required to ensure access to employment support.

“I am overjoyed that the court has recognised the importance of properly consulting deaf and disabled people on reforms that would leave many worse off by at least £416.19 per month,” she said.

“We now urge the Government to rethink these proposals and make the safety and well-being of disabled benefit claimants their priority, as well as commit to consulting us fairly and lawfully in the future.”  

Ellen Clifford, campaigner with Disabled People Against Cuts (Photo: DPAG)

Reeves said: “We will deliver those savings as part of our fundamental reforms to the health and disabilities benefit system.”

The DWP plans to tighten the work capability assessment (WCA) – which determines someone’s ability to work – for people with health conditions or disabilities applying for universal credit.

The DWP has estimated that 424,000 claimants currently judged unable to work – having limited capability for work and work-related activity (LCWRA) – will instead be classed as ready to prepare for work.

In the 42-page ruling, Mr Justice Calver said documents show the plans were driven both by a desire to “improve economic activity” and to make “costs savings”.

Aoife O’Reilly, the Public Law Project lawyer acting for Clifford, said: “We are delighted that the court has agreed with our client.  

The Government has been approached for comment.

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