Benefits abuse

Two single mothers who have fled domestic violence are challenging the legality of the benefit cap with some very compelling arguments.

After being dismissed by the High Court, this case, The Queen (on the application of JS & Others) v Secretary of State for Work and Pensions, was brought before the Court of Appeal on 28 January.

The court is likely to hear that the cap contravenes the women’s human right to private and family life. These women are effectively being asked to choose between staying with their abusive partners who they rely on financially or becoming destitute or homeless if they cannot afford their high rent.

Women seeking refuge are more vulnerable to becoming trapped in expensive temporary accommodation which eats up the majority of their £500 per week allowance.

Another argument is that the cap discriminates against single parents, the majority of whom are women. These women will often be prevented from working because of childcare commitments and in this case, the psychological and physical effects of domestic abuse.

The court will also hear submissions from the Child Poverty Action Group and Shelter children’s centre and must take into account the UN Convention on the Rights of the Child. This convention states that every child has the right to be healthy and treated fairly under the law. However, with children living in 98 per cent of capped households and many facing destitution or returning to abusive homes it is hard to see how this can be achieved.

Christine Land is a solicitor in the housing management team of Croftons Solicitors