SG & Ors (Previously JS & Ors), R (On the Application Of) v The Secretary of State for Work And Pensions

Parties

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

1. 1 Whether the benefit cap under the Welfare Reform Act 2012 and the 2012 Regulations unlawfully discriminates against women generally or women victims of domestic violence in breach of Article 14 ECHR read with A1P1
2. 2 Whether the cap infringes Article 3(1) of the UN Convention on the Rights of the Child
3. 3 Whether the cap unlawfully discriminates against families in breach of Article 14 read with Article 8 ECHR

Ratio Decidendi

The benefit cap under the Welfare Reform Act 2012 and the 2012 Regulations does not unlawfully discriminate against women generally or victims of domestic violence in breach of Article 14 ECHR read with A1P1 or Article 8. The cap pursues legitimate aims of incentivising work, achieving fairness, and fiscal savings, and is not manifestly without reasonable foundation. The best interests of children were considered as a primary consideration. There is no breach of Article 8 ECHR or the UNCRC, and the scheme is not irrational at common law.

Court Disposition

Appeal dismissed

Orders

• Appeals dismissed; the benefit cap is lawful and not in breach of the ECHR or common law.