Benefit Cap: Iain Duncan Smith Faces Yet Another Legal Challenge

Benefit tales

HMB Solicitors Press Release:

Secretary of State for Work and Pensions Iain Duncan Smith (IDS) is facing yet another judicial review at the High Court.
 

A disabled grandmother and her granddaughter who provides full-time care for her have issued the judicial review proceedings, challenging the inclusion of Carer’s Allowance in the ‘benefit cap.’  Rebekah Carrier, solicitor, Hopkin Murray Beskine Solicitors, and barristers Caoilfhionn Gallagher, and Samuel Jacobs, Doughty Street Chambers, are representing both.

The judicial review challenges Part 8A of the Housing Benefit Regulations 2006, which was inserted by the Benefit Cap (Housing Benefit) Regulations 2012, SI 2012/2994, pursuant to section 96 of the Welfare Reform Act 2012.

The claimants argue that the Regulations are discriminatory and unreasonable.  They also argue that the Secretary of State did not take proper account of the impact of the policy on carers and those they care for, and is irrational.

The benefit…

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