Precedent-setting Benefit Cap legal challenge!

copied with permission from Winvisible
Vigil 9.30am Wed 21 October

Royal Courts of Justice, Strand (off Kingsway) London WC2A 2LL (Temple tube)

10.30am

Go into court to hear the case and show support

 

This case against the Department for Work & Pensions (DWP) focuses on the discriminatory impact of the Benefit Cap on disabled people and their carers, who lose Carers Allowance, punishing them & their loved ones.

Supported by Disabled People Against Cuts, Single Mothers’ Self-Defence, Global Women’s Strike, Taxpayers Against Poverty, WinVisible (women with disabilities), and many more.

 

Contact SMSD / WinVisible 020 7482 2496

 

 ·       Unwaged carers save the government at least £119 billion per year.  Yet most carers, starting with mothers, get no wages and aren’t considered workers. Caring for children, sick, disabled and elderly people is work vital to society. The Benefit Cap penalises unwaged carers living in a different household, such as mothers looking after elderly parents, and adult grandchildren looking after grandparents. Carers Allowance is a pittance at £62.10 a week for minimum 35 hours and is hard to qualify for.  If mothers and other carers were paid a wage, it could not be attacked like this.  Jeremy Corbyn has called for the “recognition and valuing” of women’s caring work. We’re not “workless” – we are entitled!

 

·       Women and children are made destitute by the Benefit Cap – losing Child Benefit and their rented homes – under an avalanche of cuts to benefits, services and tax credits.  Many are families of colour already on lower incomes because of discrimination. Disabled people being found fit for work, benefit sanctions, lack of heating and food, evictions, neglect of care, are killing people in their thousands!

 

·       The Cap discriminates. People getting Disability Living Allowance or Support Group rate of Employment and Support Allowance (ESA) are exempt from the Cap.  But sick and disabled people on ESA Work-Related Activity Group are not. The Cap leaves those with high rents without money for heating, food or other essentials.

 

·       The government doesn’t want us to get any support – paid or unpaid! More than one million pensioners and disabled people can’t get Council home help. With cuts in homecare and the abolition of the Independent Living Fund, millions are struggling to cope and survive.
Background – press report:

Legal challenge to the benefit cap impact on disabled people and carers

 

The High Court in London has ordered that a judicial review of the benefit cap and its impact upon disabled people and their carers should proceed to a full hearing, and that this hearing must take place urgently.

The secretary of state for work and pensions, Iain Duncan Smith, unsuccessfully argued that the claim should be dismissed. Mr Justice King rejected the secretary of state’s arguments, granted permission to the claimants and ordered that the hearing must take place no later than 30th October this year.

The High Court’s Order came shortly after the Supreme Court ruled that the benefit cap breaches the rights of children, meaning that they are not provided with, in the words of Lord Kerr “adequate food, clothing, warmth and housing, the basic necessities of life”.

Last year the UK government also conceded that the cap had “unintended consequences” for victims of domestic violence living in women’s refuges, and so amended the regulations to remove women’s refuges from the cap.

Now the High Court will examine whether the cap also breaches the rights of disabled people and their carers.

The High Court’s Order also comes at a time when the government in the Queen’s Speech has made clear its intention to cut the cap even further.

The claim is brought by two families – in both, an adult relative is providing full time care to their elderly and disabled grandmothers.

They are able to perform their caring roles only with the support of state benefits, covering their housing and living expenses, and both are in receipt of Carers’ Allowance.

The families argue that the benefit cap is unfair and unlawful because of its impact on carers and those who they care for. 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 full time care – upwards of 35 hours a week – to a severely disabled person who receives Disability Living Allowance (DLA). This means that anyone receiving Carer’s Allowance is by definition not available to work, because they must be providing care.

The secretary of state has provided an exemption from the cap to those who receive DLA – but not to their carers.

Two categories of carer only are exempt: carers for children or spouses. Any carer who provides care to another adult, such as a parent or grandparent, is caught by the cap.

Solicitor for the families, Rebekah Carrier, said: “My clients have been hit by the benefit cap because they are disabled or they provide essential care to their disabled relatives. They are not skivers – they are strivers.  They provide full time care and save the state money. The government seeks to justify the cap by the financial savings achieved but the long term consequences of this arbitrary benefit cap are likely to have not only devastating consequences for individual disabled people and those who care for them, but serious financial costs.

“The Supreme Court has already ruled that the benefit cap breaches international protections for the rights of children.

“Now the High Court has allowed this claim to proceed, considering whether it also breaches the rights of disabled people and their carers. The government must halt this policy which simply hits vulnerable people.”

 

http://www.scottishlegal.com/2015/06/0

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