Court of Appeal allows DWP lone parent benefit cap appeal but allows further appeal to Supreme Court

Thu,15 March 2018
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DA and Others v Secretary of State for Work and Pensions

Read court of appeal judgment

Read high court judgment

The Court of Appeal upheld an appeal by the Secretary of State for Work and Pensions against a High Court ruling last summer that the benefit cap was not lawful when applied to lone parent families with very young children (under 2 years old).

By a majority of two to one, the Court of Appeal today allowed the Government’s appeal, but in doing so did however find that the High Court was entitled to find that the revised cap was again in breach of the UK’s international obligations to children. In addition, recognising the real public importance of the issues raised, the Court of Appeal has taken the very unusual step of granting permission to appeal to the Supreme Court against its own judgment. This means that the lawfulness of the benefit cap is going to be considered again at the very highest level of the judicial system.

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