The court considered an allegation of discrimination in the application of housing benefit for a disabled person.
Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory criteria Although the court was able to arrive at its decision on other grounds, Maurice Kay LJ would have relied if necessary on the UN Convention on the Rights of Persons with Disabilities to resolve any uncertainty over ‘the meaning of article 14 discrimination’ in the circumstances of the case
Judges:
Maurice Kay, Hooper, Henderson LJJ
Citations:
[2012] EWCA Civ 629, [2013] PTSR 117, [2012] LGR 954
Links:
Statutes:
European Convention on Human Rights 14, Housing Benefit Regulations 2006
Jurisdiction:
England and Wales
Cited by:
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Cited – MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions SC 9-Nov-2016
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived . .
Lists of cited by and citing cases may be incomplete.
Local Government, Benefits
Updated: 22 October 2022; Ref: scu.457696
