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

Subject Matter

HUMAN RIGHTS — Respect for private and family life — Discrimination — 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 — Whether exception for third or subsequent cared for children perverse — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 9, 12, 14, Pt II, art 1 — Tax Credits Act 2002 (c 21), s 9 (as amended by Welfare Reform and Work Act 2016 (c 7), s 13) — Child Tax Credit Regulations 2002 (SI 2002/2007) (as amended by Child Tax Credit (Amendment) Regulations 2017 (SI 2017/387), regs 4, 5), regs 7(2A), 9, 12 — United Nations Convention on the Rights of the Child (1989) (Cm 1976)

[2018] EWHC 864 (Admin); [2018] 1 WLR 5425; [2018] 3 All ER 785; [2018] WLR (D) 245, QBD

HUMAN RIGHTS — Respect for private and family life — Discrimination — 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 (as amended by Welfare Reform and Work Act 2016 (c 7), s 13) — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3(1)

[2019] EWCA Civ 615; [2019] 1 WLR 5687; [2019] 4 All ER 787; [2019] WLR (D) 233, CA

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)

[2021] UKSC 26; [2022] AC 223; [2021] 3 WLR 428; [2022] 3 All ER 95; [2021] WLR(D) 382; The Times, 20 July 2021, SC(E)

HUMAN RIGHTS — Discrimination — Justification — Court’s determination of whether prima facie discriminatory enactment having objective and reasonable justification — Whether open to court to apply unincorporated international treaty in reaching determination — Whether Parliamentary material relevant to determination — Appropriate standard of review where enactment reflecting choice of legislature or executive on matter of social or economic policy — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3(1)

[2021] UKSC 26; [2022] AC 223; [2021] 3 WLR 428; [2022] 3 All ER 95; [2021] WLR(D) 382; The Times, 20 July 2021, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: R (on the application of SC, CB and 8 children) v Secretary of State for Work and Pensions and Ors [2021] UKSC 26 Case comment

UK Human Rights Blog
Child Tax Credit: Two-Child Limit and the Limits of Review Case comment

Blackstones Civil Practice 2023
Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 14: prohibition of discrimination in enjoyment of Convention rights 91.29