R (DA) v Secretary of State for Work and Pensions

Subject Matter

SOCIAL SECURITY — Welfare benefits — Benefit cap — Secretary of State introducing revised benefit cap scheme — Revised scheme excepting from cap persons entitled to working tax credit — Whether unlawfully discriminating against lone parents with children under age of two — Whether discrimination in enjoyment of Convention rights — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1 — Welfare Reform Act 2012 (c 5), s 96 (as amended by Welfare Reform and Work Act 2016 (c 7), s 8(2)) — 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)

[2017] EWHC 1446 (Admin); [2017] PTSR 1266; [2017] WLR (D) 409; [2017] JT 25, QBD

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 — Welfare Reform Act 2012 (c 5), s 96 (as amended by Welfare Reform and Work Act 2016 (c 7), s 8(2)) — 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) — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3.1

[2018] EWCA Civ 504; [2018] PTSR 1606; [2018] WLR (D) 168, CA

SOCIAL SECURITY — Welfare benefits — Benefit cap — Secretary of State introducing benefit cap — Whether regulations implementing benefit cap unlawfully discriminating against lone parents with young children — 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 — Welfare Reform Act 2012 (c 5), s 96 (as amended by Welfare Reform and Work Act 2016 (c 7), s 8(2)) — 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) — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3.1

[2019] UKSC 21; [2019] 1 WLR 3289; [2019] PTSR 1072; [2020] 1 All ER 573; [2019] WLR (D) 345; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 Case comment

UK Human Rights Blog
Supreme Court: capping benefits does not breach human rights of children Case comment

UK Supreme Court Blog
Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part One Case comment

Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part Two Case comment

Blackstones Civil Practice 2023
Convention Rights - Proportionality 91.13

Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 14: prohibition of discrimination in enjoyment of Convention rights 91.29