The WLR Daily case summaries
[2018] WLR (D) 168
Court of Appeal
Regina (DA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening)
[2018] EWCA Civ 504
2017 Oct 24, 25; 2018 March 15
Sir Brian Leveson P, McCombe J, Sir Patrick Elias
Social security— Welfare benefits— Benefit cap— Secretary of State introducing benefit cap— Whether regulations implementing benefit cap unlawfully discriminating against lone parents with children under age of two— Whether regulations incompatible with Convention rights— Whether discrimination justified—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1
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Welfare Reform Act 2012 (c 5), s 96 (as amended by Welfare Reform and Work Act 2016 (c 7), s 8(2))
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Housing Benefit Regulations 2006 (SI 2006/213), Pt 8A (as inserted by Benefit Cap (Housing Benefit) Regulations 2012 (SI 2012/2994), reg 2 and amended by Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations 2016 (SI 2016/909), reg 2)