Carer issues judicial review proceedings against Iain Duncan Smith

A disabled grandmother and her granddaughter who provides full time care for her have this week issued judicial review proceedings in the High Court against the Secretary of State for Work and Pensions, Iain Duncan Smith, challenging the inclusion of Carer’s Allowance in the ‘benefit cap.’  The benefit cap policy has been in force across the country since September 2013.

The government has already conceded that the cap had unintended consequences for victims of domestic violence living in women’s refuges, and after the families case was heard in the Court of Appeal, Ian Duncan Smith with no fanfare amended the regulations to remove women’s refuges from the cap.

The proceedings issued this week highlight another consequence of the cap, which may surprise those who consider that the cap achieves fairness. Included in the group of families who are capped are those who receive Carer’s Allowance. To qualify for Carer’s Allowance the benefit claimant has to be providing upwards of 35 hours a week care to a severely disabled person. This means that anyone receiving Carer’s Allowance is by definition not available to work, because they must be providing care.

read in full here

3.      The judicial review challenges Part 8A of the Housing Benefit Regulations 2006, which was inserted by the Benefit Cap (Housing Benefit) Regulations 2012, SI 2012/2994, pursuant to section 96 of the Welfare Reform Act 2012.  The claimants argue that the Regulations are discriminatory and unreasonable.  They also argue that the Secretary of State did not take proper account of the impact of the policy on carers and those they care for, and is irrational.

 

 

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4 Responses to “Carer issues judicial review proceedings against Iain Duncan Smith”

  1. samedifference1 Says:

    Reblogged this on Same Difference.

  2. The Chronic Chronicles Says:

    Good on them.

  3. Bring back immediately women's state pension at 60 / Against loss age related tax allowance at 65 Says:

    I never knew I could get Carer’s Allowance whilst looking after my parents, living in the same house. Nor that I had a right to NI Credits til 2 years after they passed over, so now told lost the right to receive them, towards the rise in NI credits needed to get a full state pension, because the rise in retirement age means my state pension payout is now well after 2016, when the NI credits needed rise from 30 years to 35 years.
    https://you.38degrees.org.uk/petitions/state-pension-at-60-now

    The DWP are saying this is for new workers from the start, but it is for everyone who does not have 35 years from 2016.

    With people quitting work to become carers thinking they had 30 years NI credits towards the full state pension, payable at 60 for women (majority of carers), this means a drastic reduction in state pension payable.

    The DWP never tells you what benefits you are eligible to get, and I had scant time to look things up on the internet, even if I knew what search phrases to put in.

    Without benefits you cannot get NI credits nor food vouchers to a food bank.

    Neither did I ever get disabled and chronic sick benefits (you can be both at the same time, I assure you), and if I had gained contribution based benefits, both the benefit and my teeny tiny works pension would have been hit with income tax, despite together being far below the basic tax allowance.

    If you are not on benefit or paying NI credits by working, for two tax years, you fall out of the benefit system as contribution based.

    Income based is other income below benefit level, when benefits (and basic state pension) amounts contravene the Social Charter, to which the UK is signed up, and should be £138, according to the Council of Europe, which has been ignored by the Coalition.

    I came across a banned little party’s video for the May 22 council elections, that might have had a very different result. Put it on my little personal website: http://www.theswansnewparty.org.uk

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