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Liverpool Echo
Liverpool Echo
World
Danny Atherton

Mums lose Supreme Court fight against two-child benefit cap

Two mums have lost their fight against the two-child benefits limit in the Supreme Court.

Justices today unanimously dismissed the landmark appeal, which could have benefited around a million children.

The child benefit cap was introduced in April 2017, and restricts child tax credit and universal credit to the first two children in a family, with a few exceptions.

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Named only as SC and CB, the two women were appealing the policy claiming it breaches the human rights to a private life; to marry and form a family; and to be protected from discrimination.

One of the mothers had health problems and was in a low income job, while the other mum fell pregnant while on the pill.

Both gave birth to their third child after April 2017 and were hit financially by the policy.

Angry campaigners say the the outcome is "hugely disappointing" after unsuccessful fights already in the High Court and Court of Appeal. They are now considering a battle in the European Court of Human Rights.

They argued the Department of Work and Pension's (DWP) rules unlawfully discriminated against different groups including children, large families, women, and those with a religious or moral objection to the use of birth control, BBC news reports.

The government argued that the policy aimed ‘to ensure that welfare spending was sustainable and fair to the taxpayer while protecting the most vulnerable.’

Carla Clarke, head of strategic litigation at Child Poverty Action Group, which represents the mothers and children, said: "This is a hugely disappointing judgment which fails to give any meaningful recognition to the reality of the policy on the ground and its desperately unfair impact on children."

Supreme Court President Lord Reed did accept women and large families were worse hit.

But he declared that because Parliament made that decision and had the "reasonable justification" of cutting the deficit, it could not be struck down by the courts.

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