25 Oct 2011
CHILD POVERTY ACTION GROUP INCORPORATED V ATTORNEY-GENERAL HC WN CIV-2009-404-273
- Citation
- openlaw-f65e0e7b_32b5_448a_8f8e_409a024ba21d.pdf
- Court
- High Court
The off-benefit rule excluding beneficiaries from the IWTC did not constitute prohibited discrimination under s19 BORA for the vast majority of beneficiaries because it did not cause a real or more-than-trivial disadvantage to them; a limited subset (c.1,270 families who were full-time earners but remained on benefit) suffered a real disadvantage, but any discrimination (whether in respect of that subset or more broadly) was demonstrably justified under s5 BORA because the objective of incentivising work is sufficiently important, the exclusion is rationally connected to that objective, no mo…