Three children and their mothers will challenge the government’s ‘irrational and discriminatory’ benefit caps in the High Court today.
The lone parent families are bringing a judicial review against work and pensions secretary Iain Duncan Smith.
Under the policy, which completed its nationwide roll-out this week, the government has capped total household benefits at £500 a week for couples and lone parents, and £350 a week for single adults.
Two of the families say they will have less to live on than the minimum support given to failed asylum seekers once their benefits are capped.
The benefit cap has not yet been applied to two of the families, although it is set to hit one imminently, and will be applied to another in November.
The third family have had their benefits capped, and have been granted discretionary housing payment for 13 weeks from September.
All of the claimants’ children are under five years old.
Rebekah Carrier of Hopkin Murray Beskine Solicitors, who is acting for the claimants, said: ‘All of these families face the chilling prospect of having to decide whether to pay their rent or feed their children.
‘Many other families, like these claimants, will be left with so little money that they cannot survive.
‘The outcome of this case is therefore critically important for these claimants, for others like them, for private and social sector landlords and for local authority housing and social services departments who will inevitably have to pick up some of the pieces as parents are left unable to provide necessities for their children and pay their rent.’
The judicial review, which will run until Friday, claims the benefit cap is discriminatory, breaches of human rights legislation and is irrational.
A DWP spokesperson said: ‘We are confident that the benefit cap measures are lawful. The benefit cap sets a fair limit to what people can expect to get from the welfare system – so that claimants cannot receive more than £500 a week, the average household earnings.’
2nd October 2013
Inside Housing
