CC, R (On the Application Of) v HM Treasury & Anor

CC, R (On the Application Of) v HM Treasury & Anor

The Secretary of State has no legal power to make the additional payments sought, as the statutory scheme for Carer’s Allowance is comprehensive and exclusive. Any increase beyond the statutory uprating is a matter for Parliament. Section 76 of the Coronavirus Act 2020 does not confer the necessary power. Without vires, the human rights and irrationality claims cannot succeed. The comparators relied on for discrimination are not in analogous positions, and the government’s choices were rational and justified.

Parties
Claimant: CC; Defendant: H. M. Treasury; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Judicial Review / Application to Amend Claim Form and Statement of Facts and Grounds
Outcome
Application to amend claim refused; claim for judicial review at an end.
Legal Topics
Carer's Allowance, COVID 19 Financial Support, Judicial Review Procedure, Statutory Powers and Vires, Discrimination (sex and Other Status), Human Rights Act 1998, Irrationality at Common Law
Administrative Law Social Security Law Human Rights Law Carer's Allowance COVID 19 Financial Support Judicial Review Procedure Statutory Powers and Vires Discrimination (sex and Other Status) +2 more

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Parties

CC

Claimant

H. M. Treasury

Defendant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Application to Amend Claim Form and Statement of Facts and Grounds

Legal Issues

  1. 1 Whether the Secretary of State had legal power to make additional payments to Carer's Allowance recipients not on Universal Credit due to COVID-19
  2. 2 Whether failure to make such payments was unlawful discrimination under ECHR Article 14
  3. 3 Whether the decision was irrational at common law

Ratio Decidendi

The Secretary of State has no legal power to make the additional payments sought, as the statutory scheme for Carer’s Allowance is comprehensive and exclusive. Any increase beyond the statutory uprating is a matter for Parliament. Section 76 of the Coronavirus Act 2020 does not confer the necessary power. Without vires, the human rights and irrationality claims cannot succeed. The comparators relied on for discrimination are not in analogous positions, and the government’s choices were rational and justified.

Court Disposition

Application to amend claim refused; claim for judicial review at an end.

Orders

  • Refusal of permission to amend the Claim Form and Grounds
  • Claim for judicial review dismissed