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

The Government has been urged to rethink plans to cut out-of-work benefits after losing a crucial court case brought by disabled campaigners.

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.

But the DWP’s consultation over the plans to tighten up criteria for the Work Capability Assessment (WCA) was ruled “unlawful” by the High Court on Thursday.

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

She successfully argued that the consultation carried by the then-Conservative government in 2023 did not properly explain that many people would receive significantly less money under the reforms.

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

In his judgment, Mr Justice Calver found the consultation was “misleading”, “rushed” and “unfair”.

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.

Clifford, a campaigner with Disabled People Against Cuts (DPAG), urged the Labour Government to change course on benefit cuts after it chose to defend the legal challenge.

“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.

“This is a life or death issue.

“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.”  

Chancellor Rachel Reeves confirmed at the October Budget that Labour would press ahead with Conservative plans to limit access to sickness benefits in a bid to cut welfare spending.

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

Work and Pensions Secretary Liz Kendall confirmed again in November that Labour would push on with WCA reforms promised by the Tory government, but would make savings by “bringing forward our own proposals”.

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.

Having a mobility issue will no longer, on its own, qualify a claimant for benefit payments without any job search requirements.

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.

It means they will lose around £416 a month in universal credit – £4,900 a year – and be asked to attend training and other job-related activity. The Government estimated that it will save the Exchequer £3bn over the next four years.

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”.

The judge said the DWP failed to explain that cuts to monthly payments would be the result of the reforms. He said the consultation “fails to make clear that the proposals will reduce very significantly the amount of benefits paid to some or all affected claimants”.

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

“This judgment has vindicated our criticism of the DWP’s unlawful consultation and we now urge the Government to scrap these planned reforms, which were disingenuously presented to the deaf and disabled people who would be affected.”

The Government has been approached for comment.

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