MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions

The discriminatory effect of the Housing Benefit (Amendment) Regulations 2012 as amended is justified and not manifestly without reasonable foundation, given the legitimate aims of the policy, the practical difficulties of further exemptions, and the availability of Discretionary Housing Payments. The Secretary of State did not breach the public sector equality duty, having had due regard to the needs of disabled persons during the policy's development.

Parties
Appellants: MA & Others; Respondent: Secretary of State for Work and Pensions; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Housing Benefit, Public Sector Equality Duty, Article 14 ECHR, Welfare Reform, Discretionary Housing Payments
Constitutional Law Human Rights Law Social Security Law Equality Law Disability Discrimination Housing Benefit Public Sector Equality Duty Article 14 ECHR +2 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 3 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MA & Others

Appellants

Secretary of State for Work and Pensions

Respondent

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the Housing Benefit (Amendment) Regulations 2012 as amended discriminate against disabled persons contrary to Article 14 ECHR
  2. 2 Whether the Secretary of State breached the Public Sector Equality Duty under section 149 of the Equality Act 2010

Ratio Decidendi

The discriminatory effect of the Housing Benefit (Amendment) Regulations 2012 as amended is justified and not manifestly without reasonable foundation, given the legitimate aims of the policy, the practical difficulties of further exemptions, and the availability of Discretionary Housing Payments. The Secretary of State did not breach the public sector equality duty, having had due regard to the needs of disabled persons during the policy's development.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on both Article 14 ECHR and Equality Act 2010 grounds
  • No breach of Public Sector Equality Duty found