HB Bulletin U2/2019: Supreme Court judgment: DA and Others and DS and Others
Updated 23 August 2019
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Contact
Queries about the:
- distribution of this bulletin, contact housing.correspondenceandPQs@dwp.gov.uk
- content of this bulletin, contact benefit.capstrategy@dwp.gov.uk
Who should read
All Housing Benefit staff
Action
For information
Summary of judgment
1. On 15 May 2019 the Supreme Court handed down judgment in the cases of DA and Others v Secretary of State and DS and Others v Secretary of State, which concern the application of the benefit cap to lone parents.
2. The Court has found that the revised lower benefit cap does not discriminate against lone parents, or lone parents with children under school age, and is lawful.
3. The claimants in DA challenged the lawfulness, on human rights grounds, of the application of the benefit cap to lone parents with children aged under 2. The claimants in DS challenged the application of the cap to lone parents generally and lone parents with children aged under 5. The Supreme Court has upheld the cap in relation to all cohorts challenged. The Supreme Court’s judgments are available on its website:
- R (on the application of DA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent)
- R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent)
Effect of the judgment
4. There will be no change to the application of the cap to lone parents, including lone parents which children under school age. The judgment does not require any local authority to re-assess the Housing Benefit (HB) of existing claimants or to reinstate HB previously capped.
5. Discretionary Housing Payments remain an important option to help households adjust to the benefit cap and other welfare reforms, and awards should continue to be made in appropriate cases in the usual way having regard to, amongst other things, the published guidance.