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Benefit cap for carers ruled unlawful – but DWP keeps it anyway

The High Court ruled last week that the £26,000 household benefit cap unlawfully discriminates against carers. Instead of abolishing it for carers, however, the DWP issued an urgent bulletin to local councils warning them that it continues to apply.

A High Court judge has decided that the benefits cap is in breach of article 14 of the European Convent“i just wanted to share this with you my son has been awarded another 3 years in the support group and it took 3 weeks for a result BRILLIANT once again thankyou”ion on Human Rights, particularly where it applies to single carers who are receiving carers allowance for looking after a family member.

However, immediately following the decision, the DWP issued an urgent housing benefit bulletin to local authorities which made it plain that it is in no rush to do anything about a judgement which it has had a great deal of time to prepare for.

In the course of the two page bulletin, the DWP made its position abundantly and repeatedly clear:

“We are continuing to apply the benefit cap as now, and there is no change to applying the cap to carers. . . We are considering the judgment and will set out our position in due course. The cap continues to apply. . . The benefit cap continues to apply. . . the cap continues to apply.”

Once again it appears that the DWP considers that laws only apply to claimants, not to the department.

You can download the HB Bulletin from this link.

Comments  

#5 Crazydiamond 2015-12-02 23:10
The DWP are clearly involved in a process of tactical manoeuvring with the judgement of the High Court.

They will probably try to appeal the judgement to the Court of Appeal, who invariably grant permission if the appeal raises an important point of principle or practice, or if there is some other compelling reason for the Court of Appeal to hear it, and permission has been refused by the presiding High Court judge. If permission is granted and the appeal fails before the Court of Appeal, the DWP may try and appeal to the Supreme Court.

The entire legal process could take many months or indeed a couple of years to complete, and during this period the DWP would be entitled to withhold any payment to carers, even if they eventually lose the appeal.

I hope they accept the judgement, but on the past track record the DWP have a habit of dragging out the legal process to the detriment of claimants. Only time will tell!
#4 survival71 2015-12-02 04:55
Quote:
Yet again the DWP is found to have broken the law, and yet again it sticks two fingers up to the courts. Further proof (as if it were needed) that this is a rogue department which regards itself as above the law and needs to brought to heel urgently.
and can we have government ministers charged for their crimes against UK citizens and given the same punishment as war criminals.
#3 Elisa 2015-11-30 22:38
Gotto love this bit in the bulletin. If they want to keep the bill down they have so messed this up, pass the buck to LAs, many disabled and elderly people will now be going into care. Carers do not do a few hours, they get paid a pittance for very often, 24/7 care. That little bit of money and NI contribution just told them they were noticed. The Care act does not care and the gov no that.

Q. Why doesn’t the government support carers?
A.
The Government recognises and appreciates the vital contribution made by informal carers.
We have ensured that carers are central to the government’s
reforms to care and support, and there are stronger rights for carers in the Care Act, which came into force in April 2015.
+1 #2 GoingOffMyHeadWithThisGoverment 2015-11-30 15:34
Quote:
Yet again the DWP is found to have broken the law, and yet again it sticks two fingers up to the courts. Further proof (as if it were needed) that this is a rogue department which regards itself as above the law and needs to brought to heel urgently.
They will always get away with what they like as it's always been, it will never change end of?

It sickens me to live in this country.
+3 #1 tintack 2015-11-30 13:35
Yet again the DWP is found to have broken the law, and yet again it sticks two fingers up to the courts. Further proof (as if it were needed) that this is a rogue department which regards itself as above the law and needs to brought to heel urgently.

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