Claimants launch judicial review challenge to DWP 'benefit cap' policy

A group of eight claimants have launched a judicial review challenge to the Government’s ‘benefit cap’ policy.

The Department for Work & Pensions’ policy involves a limit on the total amount of household benefits payable to those families which do not work sufficient hours to receive working tax credits.

The cap is set at £500 per week per household for couples or lone parents. For single adults, it is set at £350 per week.

A wide range of benefits are covered, including housing benefit, child benefit, carer’s allowance, maternity allowance and severe disablement allowance.

The new approach has been implemented in four local authority areas since 15 April. It is to be rolled out across the summer, with all affected households covered by 30 September 2013.

The claimants are one parent and one child from each of four families. They are being advised by law firm Hopkin Murray Beskine.

The judicial review challenge is to Part 8A of the Housing Benefit Regulations 2006, which was inserted by the Benefit Cap (Housing Benefit) Regulations 2012, SI 2012/2994, pursuant to section 96 of the Welfare Reform Act 2012. 

The claimants will argue that:

  • the Regulations are discriminatory and unreasonable; and
  • the Secretary of State, Ian Duncan-Smith, did not take proper account of the impact of the policy on women, children, the disabled, racial and religious minorities, and carers when formulating the policy.

Hopkin Murray Beskine claimed the policy would have “ devastating effects” on the claimant four families.

It said: “Two of the families will receive nil for basic subsistence (food, clothes, heating) as their rent exceeds the £500 per week cap. They will immediately fall into arrears, face eviction and street homelessness.”

Hopkin Murray Beskine added that two of the families had fled domestic violence in circumstances where they were financially reliant upon their abusive partners, and they risked losing their homes and being unable to feed and clothe their children.

Rebekah Carrier, a lawyer at the firm, said: “This is a cruel and misguided policy. It will have a catastrophic impact on our clients and many thousands more vulnerable children and adults. They face street homelessness and starvation.”

Carrier added: “The reason for the policy is said to be to encourage people to obtain work but my clients face difficulties in securing employment because they are lone parents with caring responsibilities for babies and toddlers, and disabled adults who have already been recognised as unable to work due to their disabilities.”

The Women’s Aid charity has backed the claims and submitted witness evidence in support.

Hopkin Murray Beskine has instructed Ian Wise QC and Caoilfhionn Gallagher or  Doughty Street Chambers.