THE government’s decision not to extend to those on legacy benefits the £20 uplift given to universal credit recipients, to support them during the pandemic, was wrong, the High Court heard today.

Two disabled people, claiming employment support allowance, have brought a challenge against the Department for Work and Pension (DWP).

They say that the government acted unlawfully by denying nearly two million disabled people the same emergency £20-a-week increase that was given to those on universal credit, to help them survive during the pandemic.

Today, their barrister Jamie Burton QC argued that the difference in treatment was incompatible with their human rights.

He said the government’s decision was a “radical and unprecedented departure” from decades of benefits policy.

Mr Burton said that the deprivation induced by the pandemic had disproportionately affected disabled people, of whom those on means-tested benefits were “significantly more likely” to be in receipt of legacy benefits rather than universal credit.

A survey by the Disability Benefits Consortium revealed that 66 per cent of disabled people on legacy benefits had to go without food, heating or medication during the pandemic as a result of increased costs.

And nearly half said they had fallen behind on their rent, mortgage payments or household bills.

Charities say that the challenge could result in a back payment of £1,500 for millions of people claiming support.

Edward Brown, representing the DWP, said that several features of universal credit were intentionally different from legacy benefits and that the government was not required to keep policy the same.

Campaigners and MPs gathered outside of the Royal Courts of Justice in London ahead of the hearing to show support to the claimants.

The case is due to conclude tomorrow.

Labour MPs Marsha de Cordova, John McDonnell and Debbie Abrahams joined the SNP’s David Linden and Marion Fellon and Lib Dem Wendy Chamberlain in attending the solidarity vigil.

Ms de Cordova called the government’s actions “nothing short of cruel and inhumane,” adding: “It angers me that these two people are having to go through a legal challenge and that’s why I call them brave and courageous, it’s not easy doing this.

“I give them my full support and solidarity.”

Head of policy at disabilities charity Scope, Louise Rubin, said: “Whatever the outcome of this court case, it was a mistake to exclude huge numbers of disabled people from the benefits uplift during the depths of the pandemic.

“The decision to withhold support from disabled people who receive legacy benefits caused many to feel abandoned.”

Policy and campaigns manager at mental health charity Mind, Paul Spencer, said: “People in receipt of benefits told us they do not feel hopeful about their future. This is unacceptable.

“The UK government must end this two-tier benefits system, by backdating payments to the hundreds of thousands of people on legacy benefits who have been scraping by for the last 18 months because they were not deemed important enough for the uplift.”