Re: T & ors (claimants/appellants) v The Secretary of State for Work and Pensions (defendant/respondent)
Wednesday 7 December 2022
By Appellant’s Notice filed on 31 March 2022, the claimants (Cs) appeal the Order of Swift J dated 18 February 2022 by which Cs’ claim for Judicial Review was dismissed.
Facts: the appeal arises out of a judicial review of the Respondent’s failure as part of the Government’s pandemic response to increase the Personal Allowance of Income Support (‘IS’), income-based Jobseeker’s Allowance (‘JSA’) and income-related Employment and Support Allowance (‘ESA’) (known as ‘legacy benefits’) in line with the increase made to the Standard Allowance for Universal Credit (UC). It is the Appellants’ case that the difference in treatment between those in receipt of UC and those in receipt of legacy benefits is incompatible with Article 14 ECHR (read with Article 1, Protocol 1 and/or Article 8) as it was unjustified and disproportionate, particularly as disabled people were disproportionately affected by the difference in treatment.
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