The Supreme Court has upheld the benefits caps imposed by the Government as lawful. However, the Court found that the effect of the policy breach the government's obligations under the United Nations Convention on the Rights of the Child.
The lawfulness of the benefits cap was challenged by two single mothers on the ground that it is discriminatory and unfair. It was also submitted that the cuts imposed amounted to a violation of human rights and that the effect was disproportionate on women, particularly for those seeking to escape domestic violence.
'SG', is a single mother with six children residing in a two-bed flat in East London. The impact of the benefit cap leaves her and her six children with £80-a-week to live on.
'NS' has three children. 'NS' and her three children reside in a two-bed flat in outer London after a history of domestic violence and sexual abuse in her marriage. The impact of the benefit cap leaves her with a shortfall of £50-a-week in rent.
In a three to two majority verdict the Court found the Benefit Cap (Housing Benefit) Regulations 2012 were not unlawful under Article 14 of the European Convention on Human Rights together with Protocol 1 to the Convention.
In finding the government are in breach of obligations under the United Nations Convention on the Rights of the Child, the Court found the Secretary of State for Work and Pensions had failed to:
[...] show how the cap was compatible with his obligation to treat the best interests of the child as a primary consideration.
However, Lady Hale in her dissenting opinion noted that the benefits cap breaks the chain between the benefit and need:
Claimants affected by the cap will, by definition, not receive the sums of money which the state deems necessary for them adequately to house, feed, clothe and warm themselves and their children.
The benefits cap limits the maximum a family can claim to £500-a-week, equivalent to the average earnings of a working household. The benefits cap applies regardless of the number of children in the family or the level of local rents.
