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Social security

02 April 2015
Issue: 7647 / Categories: Case law , Law digest , In Court
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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

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NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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