By a slim majority the Supreme Court has rejected an appeal by two women that the bedroom tax cap is discriminatory against women, particularly where they have escaped domestic violence
The appeal concerns two women who have been left by their husbands to look after their young children, following suffered severe domestic violence, which has prevented them being able to work.
Both were forced to look for alternative accommodation, which although considered poor and inadequate, is very expensive and has led to their benefits being capped.
In a previous Court of Appeal decision the appeal was dismissed because it was held that that although the ‘benefits cap’ rules discriminated against women, the discrimination was justified because it “reflects the political judgment of the Government.”
The Supreme Court found, by a majority that the benefit cap breached the government’s international obligations under the United Nations Convention on the Rights of the Child but only two of the five Judges found it to be unlawful discrimination against women.
Deputy President of the Supreme Court, Lady Hale, states in the judgment that:
‘The prejudicial effect of the cap is obvious and stark. It breaks the link between benefit and need. Claimants affected by the cap will, by definition, not receive the sums of money which the State deems necessary for them adequately to house, feed, clothe and warm themselves and their children’ (paragraph 179).2
For more information see http://www.hmbsolicitors.co.uk/news/category/item/index.cfm?asset_id=1601