​Major victory scored as judge says DWP acted unlawfully against two disability claimants

Campaigners have scored a huge victory against the government after the UK High court ruled delays in paying benefits were unlawful.

Two unnamed individuals took the action saying a nine month delay in Personal Independence Payments (PIPs) left them dependent on loan sharks and foodbanks.

In both cases, the judge ruled the delay was unacceptable, and also unlawful.

The judge, however, did not find that their human rights had been breached.

At least 3,200 people of the 79,000 people waiting to claim PIP have waited more than a year to have their claims processed.

PIPs paid to people aged 16-64 to help with extras costs resulting from their disability.

Claimants can receive up to £139.75 a week, depending on how their condition affects them.

The claimants in the case said the delay meant they were left without food and the delay also compromised their health as a consequence.

There can be no public interest in delays such as was the case here - Mrs Justice Patterson

The ruling means the government has to deal with the backload immediately – or face more court cases.

While the Department of Work and Pensions (DWP) argued the delays were unacceptable, they said they were not unlawful.

More than 800 extra staff were assigned to work on PIPs after problems emerged, the DWP said in its defence.

However in her ruling, Mrs Justice Patterson said: “They were each to be regarded as the most vulnerable people in society.

"There is a high duty on local authorities to act promptly, consistently and appropriately to recognise social welfare benefits.

"There can be no public interest in delays such as was the case here."

One of the claimants, Ms C, who has ME, depression and other health problems, said last month: "The delay had a massive impact on my life.

"I applied for PIPs so I could look after myself, but without it I could barely eat and only ever left my house for a weekly trip to a supermarket.

"I was completely isolated during the nine months I was waiting for my payments.

"While my wait came to an end, it is worrying that many, many others have still not received a decision."

UK minister for disabled people, Justin Tomlinson, said: "The court has rightly dismissed the claimants' absurd suggestion that their human rights had been breached.

"As a result they are not entitled to damages.

"We have taken decisive action to speed up PIP waiting times and we are pleased the court has recognised the huge progress made.

"The average new PIP claimant now waits only seven weeks for an assessment.”