Solicitor brings discrimination claim over stopping of disability benefit

A solicitor is suing for compensation from both the Department of Work & Pensions and the Scottish Government on the basis that his personal independence payment (PIP) was wrongly withdrawn, in what he believes to be the first action of its kind.

Daniel Donaldson, principal solicitor at Glasgow social enterprise law practice Legal Spark, has raised the action at Glasgow Sheriff Court alleging disability discrimination within the disability support benefit system.

Mr Donaldson was in receipt of the PIP benefit from 2013, until the DWP assessor withdrew it in November 2016. He appealed, and the PIP was reinstated by the social security tribunal in October 2017 after the DWP failed to appear to defend the withdrawal decision.

He claims that in the intervening period he lost entitlement to other support, incurred bank charges, was overdrawn and struggled to maintain his independence. Around the same time, the High Court in England & Wales declared that the actions of the DWP to attempt to exclude people with mental health difficulties from the PIP was "blatantly discriminatory".

In his action he is suing for £4,000 for disability discrimination, £275 in bank charges incurred and £700 for other lost benefits.

The action against the Scottish Government is brought on the basis that Scottish ministers are now responsible for the PIP benefit through powers transferred under the Scotland Act 2016, though they have asked the DWP to continue to administer the PIP for the foreseeable future. 

Mr Donaldson stated: "The DWP and Scottish Government are abusing disabled people by deliberately creating public policy with a mantra, ‘save some money, disability discrimination is OK’.

"I hope by demonstrating leadership and in taking this case to court, more disabled people will gain courage and the confidence to challenge our political leaders for choosing specifically to discriminate against them."

Both authorities said in response that they are committed to fair treatment of disabled people. They have been given time to lodge defences to the action.