The WLR Daily case summaries
[2021] WLR(D) 382
Supreme Court
Regina (SC and others) v Secretary of State for Work and Pensions and others (Equality and Human Rights Commission intervening)
[2021] UKSC 26
2020 Oct 20, 21, 22; 2021 July 9
Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Kitchin, Lord Sales, Lord Stephens JJSC, Lady Black
Human rights— Discrimination— Respect for family life— Families unable to make new claims for child tax credit for third and subsequent children as result of legislative amendments— Whether two-child limit breaching families’ Convention rights— Whether discriminating against families with three or more children in enjoyment of Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 12, 14, Pt II, art 1
—
Tax Credits Act 2002 (c 21), s 9(3A)(3B)
Human rights— Discrimination— Justification— Court’s determination of question whether prima facie discriminatory enactment having objective and reasonable justification— Whether open to court to seek to apply unincorporated international treaty in reaching determination— Whether use can be made of Parliamentary material when considering whether primary legislation compatible with Convention rights— Standard of review appropriate where enactment reflecting legislature’s or executive’s choice on matter of social or economic policy—
United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3(1)