R v Secretary of State for Work and Pensions and others

R v Secretary of State for Work and Pensions and others

The two-child limit on child tax credit does not violate Articles 8, 12, or 14 (with Article 8 and A1P1) of the ECHR. The measure pursues legitimate aims of reducing public expenditure and ensuring fairness, and the differential impact on women and children in larger households is justified and proportionate. The courts must respect Parliament's judgment in matters of social and economic policy unless the measure is manifestly without reasonable foundation, which is not the case here.

Parties
Appellants: SC, CB and 8 children; Respondents: Secretary of State for Work and Pensions and others; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Welfare Benefits, Child Tax Credit, Indirect Discrimination, Article 8 ECHR, Article 12 ECHR, Article 14 ECHR, Proportionality, Parliamentary Privilege
Constitutional Law Human Rights Law Social Security Law Welfare Benefits Child Tax Credit Indirect Discrimination Article 8 ECHR Article 12 ECHR +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SC, CB and 8 children

Appellants

Secretary of State for Work and Pensions and others

Respondents

Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the two-child limit on child tax credit is incompatible with Article 8, Article 12, and Article 14 (with Article 8 and A1P1) of the European Convention on Human Rights
  2. 2 Whether the measure constitutes indirect discrimination against women
  3. 3 Whether the measure constitutes discrimination against children in larger households

Ratio Decidendi

The two-child limit on child tax credit does not violate Articles 8, 12, or 14 (with Article 8 and A1P1) of the ECHR. The measure pursues legitimate aims of reducing public expenditure and ensuring fairness, and the differential impact on women and children in larger households is justified and proportionate. The courts must respect Parliament's judgment in matters of social and economic policy unless the measure is manifestly without reasonable foundation, which is not the case here.

Court Disposition

Appeal dismissed