MILLIONS of people on legacy benefits could get backdated payments worth £1,500 if a High Court appeal is successful.
Four claimants on legacy benefits will have their case against the Department for Work and Pensions (DWP) heard next month.
The claimants argue they should get back payments for extra help they did not receive during the Covid crisis.
A £20 a week uplift was given out through the pandemic to help millions on Universal Credit.
But nearly two million struggling households still on the legacy benefits system were excluded from getting this help.
Those claiming benefits such as personal independence payments (PIP) or employment support allowance (ESA) and disabled people were among those left out of pocket.
The claimants argued in court that the treatment was unfair and that they should get the equivalent cash – but they lost the case in February this year.
But the legal team – Osbornes Law – who battled it out against the DWP on behalf of those claimants have announced that they have won the right to appeal the decision in August.
The case will now be heard in the Court of Appeal on either December 6 or 7, according to The Independent.
Should the appeal be successful, however, there is no guarantee of a payout.
The DWP would have to make amends, but there are several ways it can do this.
As The Sun previously reported, one option is in the form of a back payment for those affected, worth up to £1,560.
This is equal to the 12-month uplift from March 2020, worth £1,040 a year, plus the £560 paid out through the six-month extension to the end of September.
Even if the decision is overturned, you shouldn’t expect anything soon – it is likely any decision over how the DWP will make amends will take time.
A Department for Work and Pensions spokesperson said: âIt would not be appropriate for us to comment while the litigation is ongoing.
“It has always been the case that claimants on legacy benefits can make a claim for Universal Credit if they believe they will be better off.â
The Sun has contacted Osbornes Law for comment.
Meanwhile an error calculating payments could mean 150,000 Brits are owed backpay – find out if you’re affected.
Divorced women are being urged to check their state pension as one won back £60k.
Can I get benefits backdated?
It is possible to get some benefits backdated if you found out youâve missed out on claiming for them.
It depends on which benefit youâre making a claim for, as different benefits have different rules for back payment.
But a claim for attendance allowance cannot be backdated.
The date of your claim will be the date you call and ask for a claim form – as long as you complete and return it within the time given.
If you download a claim form, it will be the date your completed claim form is received.
An estimated £13billion worth of benefits are going unclaimed including child benefit and help with council tax bills.
The Sun has put together a guide on how you can check if you’re one of them.
