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Disabled people on Universal Credit who found their payments slashed have said they are still waiting for compensation.

After being forced to switch to the new welfare scheme, they were left around £100 a month worse off.

The DWP subsequently changed the regulations following a High Court hearing that found the benefit cuts were unlawful discrimination.

But some people were set to receive twice as much compensation as others, leading to a second court case that once again ruled the system was unlawful.

So what has been happening? What are the rules on disability payments and what is the DWP planning to do about the discrimination?

What benefits are available to the disabled?

(Image: mirrorpix)

A number of different benefits are available to disabled people, including Personal Independence Payment (PIP), Disability Living Allowance (DLA), Employment and Support Allowance (ESA) and Universal Credit.

Some people qualify for an extra amount. The options include Disability Premium, Severe Disability Premium and Enhanced Disability Premium.

Disability Premium

You will get:

£34.35 a week for a single person

£48.95 a week for a couple

Severe Disability Premium (SDP)

You will get:

£65.85 a week for a single person

£131.70 a week for a couple if you’re both eligible

Some couples will be eligible for the lower amount of £65.85 a week instead.

Enhanced Disability Premium (EDP)

You will get:

£16.80 a week for a single person

£24.10 a week for a couple if at least one of you is eligible

Check with Citizens Advice to see

What happened in the High Court?

(Image: Getty Images/iStockphoto)

In June 2018, two severely disabled men brought a case against the DWP when their benefits were reduced after moving on to Universal Credit.

Both of them had received SDP and EDP but each had to go on to Universal Credit when they moved home. Their payments then went down by £178 a month.

The High Court ruled it was unlawful discrimination contrary to European convention on human rights.

As a result of that case the men received £6,517 and £4,788 respectively, in compensation for the "pain and distress" caused to them. They also received payments of £173.50 and £176 a month respectively to meet the continuing shortfall in their benefits.

One of the men, identified only as TP, said: "In being compelled to migrate to Universal Credit, where I lost the severe disability premium, I was deprived of a key mainstay of support for a disabled person living alone with no carer.

"The financial strain from the cutting of the SDP has made it so much harder for me to cope, as it has been an additional daily stress. It has been detrimental to my health."

Tessa Gregory, a solicitor who represented the men, said: “Nothing about either of the claimants’ disability or care needs changed, they were simply unfortunate enough to need to move local authorities into a Universal Credit full-service area.

“The Government needs to halt the rollout and completely overhaul the system to meet peoples’ needs, not condemn them to destitution. If this doesn’t happen, further legal challenges will inevitably follow."

So what happened after that?

(Image: PA Wire/PA Images)

The Government then changed the regulations and promised compensation.

Under the Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019, anyone on Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance or Housing Benefit cannot be forced on to Universal Credit if they also get the Severe Disability Premium. That came into force on January 16, 2019.

They will only move across during 'managed migration' by the DWP and will qualify for transitional protection to keep their benefits at the same level.

The Government also said it would introduce transitional payments to those who had already lost their SDP because of moving to Universal Credit through a change in circumstances - what's known as natural migration.

However, it proposed that those who switched before the change in the law would be given £80 a month compensation while those who moved after that date would receive £180.

The two claimants who had brought the earlier court case, along with a woman known as SXC, then argued this was unfair because the 10,000 people who moved before the cut-off date would get £100 less than those who moved afterwards, despite their needs being the same.

The High Court once again agreed it was unlawful discrimination.

(Image: Jerome Ellerby)

The Guardian reported that the two male claimants said after the ruling: "After the High Court judgment last year, we thought we had finally forced the Government to ensure that people with severe disabilities who had to move on to Universal Credit from the old system would not be without adequate protection or worse off.

“However, we then learned that the Government was proposing to short-change us and thousands of other severely disabled persons by around £100 a month.

"It is extremely frustrating that we have had to fight these cases through the courts when it is clear to all that the Government’s unfair and dysfunctional universal credit system is indefensible."

Tom Short, a solicitor who represented the two men, said: "We are delighted that our clients have once again triumphed in their struggle against the Government’s discriminatory universal credit policies."

Michael Bates, who acted on behalf of the female claimant, said: "This is a really important decision from the court. It confirms that the government’s universal credit scheme continues to treat severely disabled claimants differently, and that this treatment is unlawful.

"There is an obvious solution to this and we look forward to seeing the Government’s response."

What is the DWP doing about this?

A DWP spokesman told Birmingham Live: "We have received the court’s judgment and we are considering our response.

"Legislation working since January stops claimants moving from Severe Disability Premium to Universal Credit and their payments will be protected when they move at a later date."

So it looks like there's no indication at present of how and when the discrepancy in compensation is being addressed.

We'll keep you posted if there are any updates.

How many people are affected?

In 2017, figures showed there were more than a million people on Income Support, Pension Credit, Jobseeker's Allowance and Employment and Support Allowance who were also getting SDP. Most - around 500,000 each - were on ESA or Pension Credit.

Figures for 2018 showed 470,000 people on ESA who were also getting SDP. Some moved on to Universal Credit when their circumstances changed - such as when they were no longer working or had moved to a different address.

Universal Credit - 7 things you need to know Universal Credit is the biggest change to the welfare system in a generation. But what exactly is it and how does the system work? Here's all you need to below. Follow the links below to find out more. 1. What is Universal Credit? Universal Credit is a new social security benefit that was approved in the Welfare Reform Act 2012 and first appeared in 2013. By the end of 2018, it was rolled out to all jobcentres. It replaces six existing benefits, now known as 'legacy benefits'. Find out more by clicking on the link above. 2. Universal Credit calculator - how much you will get The amount you are given is calculated according to various factors. The Government says if you have children, a disability, or you need help paying for your rent, you may be entitled to extra amounts on top of the standard allowance. Find out more by clicking on the link above. 3. Universal Credit eligibility and how to apply Among the qualifying criteria, you must be on a low income or out of work. And it's important to bear in mind your partner’s income and savings will be taken into account, even if they themselves are not applying for the benefit. Find out more about eligibility by clicking on the link above. 4. How often is it paid and how the online account works To get Universal Credit, TWO accounts are needed. One is a Universal Credit online account where your details (such as the date of the next payment) are available to look at, the other is a payment account at a bank or building society where the Government pays in your money. Find out more by clicking on the link above. 5. Universal Credit contact numbers if you need help There are some special helpline numbers to call if you want assistance. They have been changed to freephone numbers so there is no charge for calling. Find out more by clicking on the link above. 6. How to change your payments if you're struggling Claimants need to be aware the first payment doesn't come through until five weeks after a claim - and then every month after that. If you're not used to waiting a whole month for your payment, it can prove difficult. But there is a little-known way around that. Find out more by clicking on the link above 7. What to do if your Universal Credit payments are cut There are occasions where the Department for Work and Pensions imposes sanctions on claimants if they appear to have broken the rules, for instance by not showing up at jobcentre appointments. In such cases, Universal Credit can be cut or stopped altogether. Find out what to do by clicking the link above.

What do disabled claimants say?

One claimant said: "We are owed thousands and they are still not paying us back, yet they are paying millions in false advertising and in staff bonuses.

"Severe disability premiums are essential to us who have lost out because of no more care in the community.

"That cash was a godsend and it was taken away in a flash because of a move."

What can you do?

Turn2us, which helps people in financial need gain access to benefits, charitable grants and other financial help - confirmed that people who are entitled to SDP can no longer claim Universal Credit, because of the court ruling.

If you are entitled to a Severe Disability Premium, you can still make new claims for the old benefits Universal Credit replaces.

If you were entitled to a Severe Disability Premium and claimed Universal Credit before January 16, 2019, you should get compensation at some point in the future - as soon as the DWP announces its response to the latest court ruling.

If you were entitled to SDP and claimed Universal Credit after January 16, 2019, you can go back onto the old benefits Universal Credit replaces. This can be complicated, it says, and you should find an adviser to help you.