Disability discrimination in benefits

The DWP regularly discriminates against disabled people. For example:

  • Sending forms and letters to people with learning disability and / visual impairment and then stopping their benefits if they can’t respond.
  • Telling claimants they must travel to face-to-face “consultations” that they are unable to get to.
  • Imposing sanctions by setting up claimants with compulsory work activities that they are unable to achieve.

It’s usually relatively straightforward to get benefits restored in these situations (the DWP relies on claimants’ “right of appeal” to argue that adequate safeguards are in place), but that is not justice as it’s just restoring payments that should never have been removed in the first place. The DWP should be compensating claimants each and every time it commits disability discrimination.

If you think you’ve been the victim of disability discrimination by the DWP I can give you free initial advice. Unfortunately legal aid is now virtually impossible to get and trying to get it usually results in the Government being given the opportunity to squash the case, so getting effective legal support is highly unlikely.  However, that is not a bar to bringing a case as there are advantages to bringing your claim yourself as a litigant in person which I can advise you about and support you with - please see tackling DWP disability discrimination guide for more information.  There is also further information in FAQs.

There is case-law precedence that these cases can be brought in the County Court.  Astonishingly the DWP effectively tried to argue it was immune to actions brought against it under the Equality Act, but of course lost: Kurtagja v DWP summary ; Kurtagja v DWP full judgement

You may wish to use the template letter linked below if you are summonsed for a "consultation" that you are unable to attend.  If this happens there is a number on the letter you can use to ask for a home visit or paper assessment, but sometimes they refuse to modify their demand for your attendance at an assessment centre.  They may, for example, tell you that you must produce a doctor's letter saying why you can't attend.  However, as you'll see from this letter, the DWP, and any agents acting on its behalf, have an anticipatory duty to make reasonable adjustments.  This means if they know you are severely disabled from your claims history, and can see you would struggle to deal with a face-to-face consultation, but summons you to one anyway, they are breaching the Equality Act 2010.

Letter-to-DWP-agents-for-severely-disabled-claimants-called-for-assessments-they-cannot-reach.pdf

And here is a tackling DWP discrimination guide.