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High Court orders urgent hearing to challenge reduced benefit cap

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HB Anorak
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Is he confusing it with the two-child limit JR where permission has only just been granted at High Court level - maybe that’s the one that is due to be heard next June?

In Wirral the two-child limit will get you before the benefit cap does; in London it’s the other way round.  It would therefore make more sense for a Wirral MP to be looking at the two-child case.

Daphne
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info on the 2-child limit challenge in this thread https://www.rightsnet.org.uk/forums/viewthread/11928/

JoW
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Any update on this one? If the original case was heard on 24/10/17 am I right in thinking they need to have issued their reserved and reasoned decision by 23/1/18?

We have a ben cap case with 2 children under 2 yo.

Elliot Kent
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No update. I’m sure there will be a post up once a decision is made. It’s likely to be 11 January at the very earliest as the senior courts are in recess at the moment.

I doubt that the three month “deadline” is strictly enforced, rather like the one month “deadline” for producing SORs.

Things tend to move pretty slowly once you reach this level of judiciary, you will just have to wait I’m afraid.

Stuart
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Court of Appeal judgment on appeal from DA and Others is due today according to the Belfast Telegraph…

https://www.belfasttelegraph.co.uk/news/uk/court-of-appeal-to-rule-on-government-challenge-against-benefit-cap-decision-36707279.html

(it is listed for hand down by the Court at 10.15 https://www.justice.gov.uk/courts/court-lists/list-appeal-civil)

[ Edited: 15 Mar 2018 at 09:46 am by Stuart ]
Stuart
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Tweet from Press Associations reports that government has won challenge ...

https://twitter.com/PA/status/974229721725767680

shawn mach
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From the Independent -

Judges ruled in favour of the Work and Pensions Secretary on Thursday by a two-to-one majority ...

.... the families have been given permission to appeal to the Supreme Court.

http://www.independent.co.uk/news/uk/home-news/benefit-cap-high-court-appeal-government-single-parents-children-two-age-a8256936.html

Daphne
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shawn mach
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News release from Hopkin Murray Beskine Solicitors ..... includes this from Rebekah Carrier, the solicitor acting for the families -

By a majority of two to one, the Court of Appeal today allowed the Government’s appeal, but in doing so did however find that the High Court was entitled to find that the revised cap was again in breach of the UK’s international obligations to children.

In addition, recognising the real public importance of the issues raised, the Court of Appeal has taken the very unusual step of granting permission to appeal to the Supreme Court against its own judgment. This means that the lawfulness of the benefit cap is going to be considered again at the very highest level of the judicial system.

http://www.hmbsolicitors.co.uk/news/category/item/index.cfm?asset_id=1688

Daphne
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CPAG’s benefit cap case R(DS and Others) v SSWP has been given permission to leapfrog the Administrative Court and the Court of Appeal and go straight to the Supreme Court where hopefully it will be joined by R(DA and Others)

Supreme Court leapfrog certificate granted by High Court in discrimination challenge to benefit cap

[ Edited: 27 Mar 2018 at 03:58 pm by Daphne ]
adele
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Hi all,

Is there a written document confirming that DA has been granted permission to appeal to the Supreme Court? I can’t find anything except press releases and I was wondering whether I’m missing something…

Thanks.

Stuart
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adele - 03 May 2018 09:38 AM

Hi all,

Is there a written document confirming that DA has been granted permission to appeal to the Supreme Court? I can’t find anything except press releases and I was wondering whether I’m missing something…

Thanks.

I don’t have access to the grant of permission, but the DWP has stated that the case is listed for hearing in the Supreme Court in July 2018 (noted on page 11 of today’s benefit cap statostics).

adele
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Wonderful, thank you.

Stuart
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Dates confirmed for Supreme Court appeal hearing against R(DA and Others) as 18 and 19 July 2018 (but no mention of CPAG’s benefit cap case R(DS and Others) v SSWP being joined).

https://www.supremecourt.uk/cases/uksc-2018-0061.html

Stuart
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CPAG has confirmed that the appeal in R(DS and others) v SSWP will be heard from 17 to 19 July by the Supreme Court alongside that of R(DA and Others) v SSWP.

http://www.cpag.org.uk/content/revised-benefit-cap-cpag-ds-and-others-v-secretary-state-work-and-pensions