Reference [2015] UKSC 16
Court Supreme Court
Before Lady Hale (Deputy President), Lord Kerr, Lord Reed, Lord Carnworth and Lord Hughes
The case concerned whether the benefit cap, introduced under the Welfare Reform Act 2012 (and exercised by way of the Benefit Cap (Housing Benefit) Regulations 2012), breached the Human Rights Act 1989. The benefits cap limits the total amount of benefits an out-of-work family can receive to £500 per week (or £350 for single claimants). The appeal was brought by two appellants; both single mothers who, as a result of the cap, had their benefits reduced.
The appellants argued that the effect of the benefits cap was discriminatory on the ground of sex, in contravention of article 14 of the European Convention on Human Rights (ECHR). They argued that the benefits cap disproportionately affects single parents. Because the vast majority of single parents are women, it was argued that the benefits cap discriminated against women.
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