DISABILITY rights campaigners lost the latest round today of their legal fight to win back £1,500 in backdated benefits for almost two million sick and disabled people.

Four claimants brought a landmark challenge last November against a government decision to leave so-called “legacy benefits” out of the £20 a week Covid-related rise in universal credit, which lasted 18 months before being withdrawn in October.

Most of those left out were on employment and support allowance, which covers the sick or disabled, leading to claims that there is a “two-tier” welfare system.

But at the High Court, Mr Justice Swift said that the “difference in treatment” between universal credit and legacy benefit claimants was “justified” because it was aimed at people who had suddenly lost their jobs due to the pandemic.

The case was backed by the Disability Benefits Consortium, a network of over 100 organisations including Z2K, the MS Society and Disabled People Against Cuts.

Anastasia Berry of the MS Society, who co-chairs the Disability Benefits Consortium, described yesterday’s ruling as a “colossal blow.”

She said: “The government has found a legal technicality to temporarily duck responsibility.

“The basic fact remains that it stood idly by while many disabled people were forced deeper into poverty during the pandemic.”

One of the claimants, Phil Wayland, said that he was “extremely disappointed with the judge’s decision.”

Lawyer William Ford, who represented the complainants, said that the ruling would be studied carefully to assess whether there were any grounds to appeal.

Labour MP Vicky Foxcroft, shadow minister for disabled people, said: “Conservative ministers’ decision to not extend the £20 uplift to people on legacy benefits was unjust.

“It was a choice that hit disabled people the hardest when they needed support the most.  

“Shockingly, there are now over one million more disabled people living in poverty than in 2010.

“But the Tories continue to ignore the struggle they face with the cost-of-living crisis Boris Johnson’s government has created.

“Proper action to support disabled people is long overdue. The next Labour government will provide the economic security, prosperity and respect they deserve.”

A Department for Work and Pensions spokesperson welcomed the court’s decision, saying: “The temporary £20 uplift for universal credit claimants ensured vital support was given to those facing the most financial disruption due to the pandemic.”