SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors [2019] EWCA Civ 615 (16 April 2019)

SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors [2019] EWCA Civ 615 (16 April 2019)

The two child limit on child tax credit and universal credit does not interfere with rights under Articles 8 or 12 ECHR, as the Convention does not guarantee a right to state financial support for family life. However, the measure falls within the ambit of Article 8 and A1P1 for Article 14 purposes. The difference in treatment is on a relevant status, but is objectively and reasonably justified by the legitimate aims of sustainable welfare spending, fairness to taxpayers, and incentivising work. There is no violation of Article 14.

Citation
[2019] EWCA Civ 615
Parties
Appellants: SC and 3 children; CB and 5 children; Respondents: The Secretary of State for Work and Pensions; The Lords Commissioners of HM Treasury; The Commissioners for HM Revenue and Customs; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Judicial Review (public Law Challenge) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Welfare Reform, Tax Credits, Discrimination, European Convention on Human Rights, Child Tax Credit, Universal Credit, Article 8 ECHR, Article 12 ECHR, Article 14 ECHR, Protocol 1 Article 1 ECHR
Public Law Human Rights Law Social Security Law Welfare Reform Tax Credits Discrimination European Convention on Human Rights Child Tax Credit +5 more

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Parties

SC and 3 children; CB and 5 children

Appellants

The Secretary of State for Work and Pensions; The Lords Commissioners of HM Treasury; The Commissioners for HM Revenue and Customs

Respondents

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review (public Law Challenge) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the two child limit on child tax credit and universal credit is incompatible with Articles 8, 12, and/or 14 of the European Convention on Human Rights (ECHR)
  2. 2 Whether the measure constitutes discrimination within the ambit of Article 14 ECHR, in conjunction with Article 8 and/or Article 1 of Protocol 1 (A1P1)
  3. 3 Whether the legislation is objectively and reasonably justified

Ratio Decidendi

The two child limit on child tax credit and universal credit does not interfere with rights under Articles 8 or 12 ECHR, as the Convention does not guarantee a right to state financial support for family life. However, the measure falls within the ambit of Article 8 and A1P1 for Article 14 purposes. The difference in treatment is on a relevant status, but is objectively and reasonably justified by the legitimate aims of sustainable welfare spending, fairness to taxpayers, and incentivising work. There is no violation of Article 14.

Court Disposition

Appeal dismissed

Orders

  • No declaration of incompatibility under section 4 of the Human Rights Act 1998
  • No further relief granted