Government acted unlawfully by denying benefits appeals, judges rule
2 min read
The Government acted unlawfully by refusing people the right to appeal against decisions to deny them benefits, three judges have found.
The Upper Tribunal ruled that the Department for Work and Pensions (DWP) was wrong to impose a one-month cut-off for appeals on benefits decisions.
The judges said many claimants would be suffering from “issues relating to their mental health or learning disabilities”, which made them more likely to miss the time limit.
They also hit out at restrictions to legal aid and cuts to the DWP workforce which they said had made problems for claimants worse.
It is the second judicial decision that has gone against ministers in the last week, following the Supreme Court’s recent decision that fees for Employment Tribunals were unlawful.
“The reality is that many claimants will be vulnerable for reasons including issues relating to their mental health or learning disabilities,” the judgment reads.
“It is obvious that there is a high risk that many of them with good claims on the merits will miss time limits.
“This risk has been exacerbated over recent years by changes in the scope of legal aid and local authority and advice sector provision, and hence the reduction in the numbers of welfare rights officers and others who are readily available to assist claimants with their benefits claims and appeals.”
The judges said their decision would have an impact on a “large number of appeals” and called for any appeal to be speeded up to avoid affecting claimants.
The ruling was hailed by the Child Poverty Action Group, which brought the case along with two claimants.
The CPA said the decision would “provide justice for significant numbers of families wrongly denied the financial help to which they are entitled”.
A spokesperson for the DWP said: “We have received the tribunal’s decision and are considering the judgement.”
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