DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions

DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions

The Court of Appeal (majority: Sir Patrick Elias, Sir Brian Leveson) held that lone parents with children under two are not in a sufficiently significantly different position from other lone parents with young children to require exemption from the benefit cap. The difficulties faced by this cohort are not so...

Source-derived case information.

Parties
Respondents: DA and Others; Appellant: Secretary of State for Work and Pensions; First Intervener: Equality and Human Rights Commission; Second Intervener: Shelter
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court declaration set aside
Legal Topics
Indirect Discrimination, Thlimmenos Discrimination, Article 14 ECHR, Article 8 ECHR, Article 1 Protocol 1 ECHR, UN Convention on the Rights of the Child, Welfare Reform, Benefit Cap, Judicial Review
Constitutional Law Human Rights Law Social Security Law Indirect Discrimination Thlimmenos Discrimination Article 14 ECHR Article 8 ECHR Article 1 Protocol 1 ECHR +4 more

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Summary, issues, holding and outcome

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Parties

DA and Others

Respondents

Secretary of State for Work and Pensions

Appellant

Equality and Human Rights Commission

First Intervener

Shelter

Second Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the benefit cap regulations unlawfully discriminate against lone parents with children under two and their children, contrary to Article 14 ECHR read with Article 8 and/or Article 1 Protocol 1
  2. 2 Whether the best interests of children under Article 3 UNCRC must be a primary consideration in justification analysis
  3. 3 Whether the claimants are in a significantly different position from other lone parents so as to require different treatment under Thlimmenos discrimination

Ratio Decidendi

The Court of Appeal (majority: Sir Patrick Elias, Sir Brian Leveson) held that lone parents with children under two are not in a sufficiently significantly different position from other lone parents with young children to require exemption from the benefit cap. The difficulties faced by this cohort are not so disproportionate as to make it manifestly without reasonable foundation for the Secretary of State to apply the cap to them. The discrimination claim fails. Article 3 UNCRC is not engaged in this context. The appeal is allowed and the High Court's declaration of unlawfulness is set aside.

Court Disposition

Appeal allowed; High Court declaration set aside

Orders

  • The declaration of unlawfulness granted by the High Court is set aside.
  • No exemption is required for lone parents with children under two from the benefit cap.