Source: All England Reporter
Publisher Citation: [2015] All ER (D) 233 (Nov)
Neutral Citation: [2015] EWHC 3382 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Collins J

Representation Caoilfhionn Gallagher and Sam Jacobs (instructed by Hopkin Murray Beskine Ltd) for the claimants.
  Clive Sheldon QC and Simon Pritchard (instructed by the Government Legal Department) for the Secretary of State.
  Dan Squires (instructed by the Equality and Human Rights Commission) for the Equality and Human Rights Commission, as intervener.
Judgment Dates: 26 November 2015


Social Security - Benefit - Benefits cap - Claimant carers challenging legislation providing benefit cap on those receiving carer's allowance - Whether legislation being irrational or disproportionate - Whether legislation constituting unlawful discrimination - Housing Benefit Regulations 2006, - uropean Convention on Human Rights, arts 8, 14, First Protocol, art 1.

The Case

Social Security Benefit. The Administrative Court held that the failure to exempt at least individual family carers from the benefit cap on some who received carer's allowance, under Pt 8A of the Housing Benefit Regulations 2006, , was unlawful because it amounted to indirect discrimination which was not objectively justifiable. However, the Regulations were not unlawful as disproportionate or unreasonable.

Practice Areas

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