Article courtesy of Rebekah Carrier.
The High Court has ordered that a judicial review challenge to the ‘benefit cap’ and its impact upon disabled people and their carers should proceed to a full hearing, and that this hearing must take place urgently. The Secretary of State for Work and Pensions, Iain Duncan Smith, unsuccessfully argued that the claim should be dismissed. Mr Justice King rejected the Secretary of State’s arguments, granted permission to the claimants and ordered that the hearing must take place no later than 30th October this year.
The High Court’s Order comes shortly after the Supreme Court ruled that the benefit cap breaches the rights of children, meaning that they are not provided with “adequate food, clothing, warmth and housing, the basic necessities of life” (Lord Kerr).
Last year the Government also conceded that the cap had “unintended consequences” for victims of domestic violence living in…
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