Disability Rights activist and member of Disabled People Against Cuts (DPAC) Ellen Clifford has won a judicial review against the Department of Work and Pensions’ attempt to cut nearly £5,000 a year from almost half a million disabled people.
Equity provided key evidence in this litigation due to the expertise of its in-house social security advice team and the lived experience of its Deaf and Disabled Members.
The case challenged the lawfulness of a consultation undertaken by the previous Conservative government which sought to reduce qualifying criteria for social security ('welfare benefit') payments made to those experiencing long term ill health and/or disability, known as the Work Capability Assessment (WCA). The Labour government continued to defend the case to the High Court, maintaining the consultation was lawful.
Many self-employed Equity members claim this support and seek the advice and guidance of Equity's longstanding social security advice team.
In the consultation, the government did not make clear that there would be a substantial cut in financial support to individuals as part of the 2023 autumn budget. Instead, it was presented as changes needed to help disabled people into work.
It also made the false claim that those claiming social security on the basis of ill health and disability are prevented from working, contrary to current social security law which Equity’s advice team frequently advise members on.
Equity were able to discredit both these claims and provide authoritative evidence as it is the only UK trade union that offers a specialist social security advice service to its members, including the deaf and disabled. We agreed with Clifford that “Measures to help the economy should not require the impoverishment and suffering of hundreds of thousands of disabled people.”
Natalie Amber, co-chair of Equity's Deaf and Disabled Members Committee said: “Congratulations to Ellen Clifford and DPAC on this important victory. The High Court’s finding that the WCA consultation was unlawful is a significant step forward in the fight for equality for Deaf and Disabled People. 24% of the UK population are disabled. Our voice matters and we will not be used as a political scapegoat.”
The government responded that it would now re-consult on the WCA descriptor changes in light of the judgment and reconfirmed that it was committed “to deliver the full level of savings in the public finances forecasts.”
Emma Cotton, Equity’s Social Security and Tax Officer said: “I have been grateful for the opportunity to use knowledge from my day to day work with members to challenge misrepresentations about disability, work and social security. It has been a great lesson in the importance of solidarity with others, and we will continue to work together to face future challenges.”
A copy of the judgment can be found here.
If you need advice on your social security rights, contact Equity’s Social Security and Tax Advice service. Check out our online advice resources. You can call the Social Security and Tax Advice helpline on 0207 670 0223 (Monday and Thursday 10am-1pm and 2-5pm) or email helpline@equity.org.uk.
Find out more about our Deaf and Disabled Members committee
