Judicial Review against the Department for Communities

KRW LAW LLP (KRW) has been granted leave to apply for a Judicial Review against the Department for Communities (DfC).


Our client (who wishes to remain anonymous) is currently in receipt of Employment Support Allowance (ESA). ESA is a Legacy Benefit. Our client is consequently prevented from being able to claim the COVID-19 cash uplift awarded to Universal Credit (UC) claimants in during lockdown.


UC standard allowances were raised by £20 a week for the 2020 – 2021 financial year due to the impact of the Covid-19 pandemic, this benefit will now be extended and those on that form of benefit will continue to receive the uplift. Those who continue to be in reciept of ESA in Northern Ireland cannot benefi from the uplift.


The outcome of this Judicial Review could have a significant financial impact on the thousands of claimants in Northern Ireland who remain in receipt of Legacy Benefits such as Tax Credits and ESA who have faced the same difficulties throughout the Covid-19 pandemic and thus far not in recipt of supplementary payments.


Chris Doran of KRW said:


“Persons in receipt of Legacy benefit such as income-related ESA such as our client are in the same position to those in receipt of UC and therefore any difference in treatment requires justification by the DfC. In the interest of fairness, parity and equality – and to avoid discrimination – KRW want to see the same uplift afforded to them.”