Benefit Cap Housing Regulations 2012 Appeal Judgment due 19th November
R (on the application of SG and Others)(previously JS and Others)(Appellants) v The Secretary of State for Work and Pensions (Respondent)
Whether the Benefit Cap Housing Benefit Regulations 2012 are unlawful because they unjustifiably discriminate against lone parents and victims of domestic violence, who are predominantly women, and fail to have regard to the best interests of the child.
The claimants, lone mothers who have suffered domestic violence, and their pre-school aged children, challenge the introduction of the benefits ‘cap’ which has substantially reduced the weekly income of their family and put them at risk of losing their homes. They suggest that the impact of the cap disproportionately affects lone parents, usually women, and that the decision to introduce the cap in its present form is unlawful as a breach of their rights under the ECHR and of the duty to treat the best interests of the children as a primary consideration.