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The Guardian - UK
The Guardian - UK
Politics
Dan Carrier

Supreme court to decide whether UK benefits cap is unlawful

IDS
The benefits policy is thought to be the flagship move of the Tory work and pensioners minister, Ian Duncan Smith, but lawyers argued in April that it would adversely affect lone parents. Photograph: Murdo Macleod/Murdo Macleod

The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.

Supreme court judges Lady Hale, Lord Kerr, Lord Reed, Lord Carnworth and Lord Hughes heard evidence last April from solicitors representing a group of mothers with pre-school aged children. All the mothers had suffered domestic violence and their case argued that the so-called benefits cap has put at risk of being made homeless.

Lawyers working for the families argued that Tory work and pensioners minister Ian Duncan Smith’s flagship policy has limited the amount people can claim and therefore fails to take into account unique circumstances, such as fleeing violent partners or having a child who has special housing needs.

Solicitor Rebekah Carrier along with QCs Ian Wise, Caoilfhionn Gallagher and Sam Jacobs argue that by substantially reducing their clients incomes the government have put them at risk of losing their homes. The supreme court heard lawyers argue that the policy will adversely affect lone parents and that introducing the cap is in breach of their rights under European law.

This is the last chance for the families’ lawyers to have their case backed and the policy overturned, after losing their cases at the high court and the court of appeal.

The judgment will be passed down on at 9.45am at the supreme court in Parliament Square.

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