Hurley and ors v Secretary of State for Work and Pensions (Commission Intervener)[2015] EWHC 3382

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Mr Justice Collins:

  1. This judgment deals with two claims which I ordered should be heard together. One is by the first two claimants, the other by the third. Each claim concerns Part 8A of the Housing Benefit Regulations 2006 which was inserted by Regulation 2 of the Benefit Cap (Housing Benefit) Regulations 2012. This provides for a benefit cap on some including the first and third claimants who receive Carer’s Allowance (CA) since they provide unpaid care for severely disabled persons for at least 35 hours a week.
  1. The statutory provisions which enable Regulations to be made to impose the cap are contained in Sections 96 and 97 of the Welfare Reform Act 2012. The purpose behind the cap is broadly to achieve fairness between working households and those on benefits and to increase incentives to work. By this means savings are intended to be obtained in respect of benefits payable to individuals or couples.

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