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Court rejects lone parent challenge to benefit cap
The Court of Appeal has overruled a decision that the government benefit cap discriminates against lone parents with children.
A judgement in the case was handed down today by judge Sir Patrick Elias, following a legal challenge bought by Shelter and the Equality and Human Rights Commission on behalf of four single mothers and their children under the age of two.
Sir Patrick ruled that the parents were not substantially more disadvantaged by the cap than lone parents in general, overturning a High Court decision from June.
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However, his decision opens the door “for a wider challenge to the lawfulness of the cap as it applies to all lone parents”, a charity said.
The case challenged the government’s policy of reducing the overall cap on benefits to £20,000 nationally and £23,000 in London, introduced through the Welfare Reform and Work Act 2016.
Ruling in the government’s favour, Sir Patrick said: “I do not in any way minimise the very real and substantial hardships which particular families face under this austere regime…
“It is not for the judges to champion either side in that debate, or to permit their private political views to influence the decision.
“In this case the question is ultimately a narrow one. Are the circumstances of single parents with children under two sufficiently different from other lone parents as to require an exception to be made to the imposition of the benefit cap?
“I do not accept that the problems are sufficiently proportionately disabling to these lone parents to make it unjust not to treat them differently. As for the children themselves, I do not accept that presenting them as claimants in their own right adds anything of substance to the discrimination claims brought by their parents.”
Carla Clarke, a solicitor at the Child Poverty Action Group, said: “The judgement is extremely disappointing for lone parents with children aged under two who have a heightened risk of being capped. There is an absurdity about a government policy which on the one hand recognises that lone parents of young children should not be expected to work but on the other punishes them and their children with the cap if they don’t have a paid job.
“Our own upcoming High Court case on behalf of two lone mothers and their families takes a wider approach than today’s case, challenging the lawfulness of the cap as it applies to lone parents irrespective of the age of their youngest child… Despite today’s judgment, we hope that the end of this irrational policy is not too far away.”
A spokesperson for the Department for Work and Pensions said: “Since the benefit cap was introduced, 27,000 lone parents are no longer capped because they have moved into work. We are committed to helping parents into employment that fits around their caring responsibilities, and we welcome the court’s decision.
"The benefit cap provides a clear incentive to work, as those eligible for working tax credits or earning the equivalent in Universal Credit are exempt. Additional support is available to people who need it through Discretionary Housing Payments.”