https://www.bigissue.com/news/social-justice/dwp-disability-benefits-bill-high-court-ruling/

The Labour government has indicated that it will stick with Tory plans to cut disability benefits after a High Court judge ruled the previous government’s consultation into the plans was unlawful.

The proposals would cut around £400 a month from the disability benefits of hundreds of thousands of new applicants by 2029, compared to what they would receive under the current system.

Earlier today (16 January) Mr Justice Calver ruled in favour of disability activist Ellen Clifford, who had brought a judicial review of the public consultation that was held by the Department for Work and Pensions (DWP) in autumn 2023. 

The proposals would change the way the work capability assessment (WCA) functions, by reducing the weight attached to difficulties with mobility and getting around in considering applicants’ level of disability. 

Responding to today’s verdict, a government spokesperson said: “The judge has found the previous government failed to adequately explain their proposals. As part of wider reforms that help people into work and ensure fiscal sustainability, the government will re-consult on the WCA descriptor changes, addressing the shortcomings in the previous consultation, in light of the judgment.

“The government intends to deliver the full level of savings in the public finances forecasts.”

It is not clear if Labour will consult on all the proposals in the original consultation, some of which were subsequently dropped, or whether it will only consult on the proposals that the last government chose to take forward.

The High Court ruling doesn’t force the government to ditch the proposals, although it would make it very difficult to proceed with them without holding a new consultation first. 

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