The Public and Third Sector Law Reports
[2015] PTSR 471
Supreme Court
Regina (SG and others)
v
Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening)[On appeal from Regina (JS and another) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening)]
[2015] UKSC 16
2014 April 29,
30;
2015 March 18
Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath, Lord Hughes JJSC
Social security— Welfare benefits— Benefit cap— Secretary of State introducing benefit cap— Regulations implementing benefit cap resulting in differential treatment of men and women by reason of greater number of women in non-working lone parent households in receipt of benefits— Whether indirect discriminatory effect on women’s enjoyment of property rights justified— Whether legislature’s policy choice manifestly without reasonable foundation— Whether policy unjustified in any event if not in best interests of children in households affected by cap— Whether children’s best interests test apt where question relating to justification of legislation discriminating between men and women—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1
—
Housing Benefit Regulations 2006 (SI 2006/213), Pt 8A (as inserted by Benefit Cap (Housing Benefit) Regulations 2012 (SI 2012/2994), reg 2(5))
—
United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3.1
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