header-logo header-logo

06 July 2012 / Clare Collier
Issue: 7521 / Categories: Features , Human rights
printer mail-detail

Where to draw the line

140940385_fmt1_4

Clare Collier examines how discrimination is justified in relation to welfare benefit entitlement

Two recent appeal cases concerning whether welfare benefit entitlement can be subject to discrimination led to very different outcomes. In Humphreys v The Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18, [2012] All ER (D) 124 (May), a father whose children spent three days a week with him challenged the rule that child tax credit can only be paid to one person, even where the care of the child is shared. It was accepted that the rule indirectly discriminates against fathers because they are statistically more likely than mothers to be the parent with fewer days’ responsibility in a shared-care arrangement. The question for the Supreme Court was whether the discrimination could be justified, or whether there was a violation of Art 14 of the European Convention on Human Rights (ECHR), taken with Art 1 of the First Protocol (A1P1).

In Ian Burnip and others v Birmingham City Council and others and the Secretary of State for

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll