Hurley and others v Secretary of State for Work and Pensions 2015
This High Court decision finds that the benefit cap is unlawful because it discriminates against those entitled to Carers Allowance who provide care to relatives such as a parent or grandparent, or a disabled child aged 18 or over.
"The Secretary of State has provided an exemption from the cap to those who receive DLA – but not necessarily to their carers. Two categories of carer are exempt: carers for children or spouses. Any carer who provides care to another adult, such as a parent or grandparent, or a disabled child aged 18 or over, is caught by the cap, leaving them without enough money for essential living costs and, in the case of one of the Claimants in this case, resulting in homelessness.
Mr Justice Collins has found that the failure to exempt from the benefit cap full-time unpaid carers in receipt of Carer’s Allowance constitutes unlawful discrimination, in breach of Article 14 of the European Convention on Human Rights."
[Source: Doughty Street Chambers statement and press release]
The Government is considering its position following this decision. In the meantime your only recourse, if your benefit is capped, is to apply for a discretionary housing payment from your local authority.
Disability Rights UK has published a full summary of the judgement