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High Court rules benefit cap discriminates against single parents

The government’s benefit cap unlawfully discriminates against young single parent families, causing “real misery”, the High Court has ruled.

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Delivering the ruling, Mr Justice Collins said the policy of applying the cap to lone parents with children under two “is capable of real damage”.

Parents are required to work for at least 16 hours a week to avoid the cap, which sets a benefit income limit of £23,000 in London and £20,000 elsewhere.

But the judge said lone parents’ care responsibilities mean they find it “impossible to comply” with these requirements.


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He added: “Most lone parents with children under two are not the sort of households the cap was intended to cover and, since they will depend on DHP [Discretionary Housing Payments], they will remain benefit households.

“Real misery is being caused to no good purpose.”

Mr Collins was responding to a judicial review brought forward by four lone-parent families – two of which had been made homeless due to domestic violence – who expected to have their benefits cut as a result of the cap.

A Department for Work and Pensions spokesperson said: “We are disappointed with the decision and we are appealing. Work is the best way to raise living standards, and many parents with young children are employed.
“The benefit cap incentivises work, even if it’s part time, as anyone eligible for working tax credits or the equivalent under Universal Credit is exempt.”

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