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The Court of Appeal, by a majority, allowed the Secretary of State’s appeal against the High Court’s declaration that the benefit cap discriminates unlawfully against young children of lone parents and their parents.

The Secretary of State appealed against the High Court’s decision in June 2017 in which Collins J declared that the benefit cap, which limits the amount of benefit payments a household can get, discriminated unlawfully against children of lone parents aged under 2 years of age and their parents.

In giving judgment, Sir Patrick Elias considered the Supreme Court decision in SG v SSWP and noted from that decision that the majority of the Supreme Court held that discrimination against lone mothers in relation to the benefit cap was justified. He held that there was no discrimination against lone parents with children under 2 years of age because they were not substantially more disadvantaged than other lone parents generally and, similarly, there was no discrimination against children of lone parents aged under 2 years because they were not substantially more disadvantaged than other children. Sir Brian Leveson agreed. McCombe LJ dissented. 

The Court of Appeal granted the Respondents permission to appeal to the Supreme Court.

Simon Pritchard was Junior Counsel for the Secretary of State for Work and Pensions 

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