Victory for families in carers' benefit cap challenge

Updated

A Government failure to exempt individual family carers in receipt of carer's allowance from the benefit cap amounts to "objectively unjustifiable indirect discrimination" and is not lawful, a High Court judge has ruled.

The judge also called for reconsideration to be given to whether the present benefit regulatory regime is appropriate, "having regard to the hardship it can and does produce - and the lack of real benefit to the state in terms of the objectives of the benefit cap".

Mr Justice Collins, sitting in London, said that "a bright line approach is available by simply exempting (from the cap) those single recipients of carer's allowance who provide family care".

The judge said the aim of the benefit regulations included reducing expenditure for the country's economic well-being, incentivising work and imposing a reasonable limit on the total amount a household could receive in welfare benefits.

There was unchallenged evidence that unpaid carers "made a huge contribution to society" by saving the "staggering sum" of £119 billion each year which would otherwise require public funds.

But there was evidence that, because of the hardship produced by the cap, "carers have had to cease caring".

The judge said consideration should be given to exempting "at least individual family carers such as these claimants since these are very few and the cost to public funds if the cap is to be maintained is likely to outweigh to a significant extent the cost of granting the exemption."

The ruling was a victory for two families who brought test case challenges and told the court of the "devastating impact" the cap had had on them.

Benefits Cap Will 'Benefit Society'
Benefits Cap Will 'Benefit Society'

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