December 2018 – Human Rights and Disability Discrimination

Both were in receipt of severe disability premium and enhanced disability premium to top up their Employment Support Allowance. The first claimant had a terminal illness and moved from London to live temporarily with family before moving to Hammersmith & Fulham to receive better treatment. The second claimant had severe mental health issues and in 2017 moved from Middlesbrough to Hartlepool. Both Hammersmith & Fulham and Hartlepool are Universal Credit full service areas and as a result both claimants lost their additional premiums paid in respect of their disabilities, resulting in a loss of income of over £170 a month.

The court held that the Universal Credit regulations did not involve discrimination contrary to the Convention. However, it was held that the way that Universal Credit was implemented did give rise to unlawful discrimination as there was differential treatment between those disabled people in receipt of benefit including disability premiums who moved to a different area and those that moved house within the same area. The first group were required to transfer to Universal Credit and therefore lose money.

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