header-logo header-logo

Social security

02 April 2015
Issue: 7647 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of SG v Secretary of State for Work and Pensions) [2015] UKSC 16, [2015] All ER (D) 197 (Mar)

The claimants challenged the government’s introduction of a cap on welfare benefits on the basis that the Benefit Cap (Housing Benefit) Regulations 2012 (SI 2012/2994) which had implemented the cap, discriminated unjustifiable between men and women, contrary to Art 14 of the European Convention on Human Rights and Art 1 of the First Protocol to the Convention. The Divisional Court dismissed the claimants’ judicial review challenge. The Court of Appeal dismissed their appeal. The Supreme Court, in dismissing the claimants’ appeal, held that, giving due weight to the assessment of the government and Parliament, the court was not persuaded that the Regulations were incompatible with Art 14 of the Convention. The Regulations pursued legitimate aims and, as the question of proportionality involved controversial issues of social and economic policy, the determination of which was pre-eminently the function of democratically elected institutions, it was necessary for the court to give due weight to the considered

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll