Government appeals against High Court ruling that benefit cap 'causes misery to no good purpose'

Department for Work and Pensions denies policy causes 'discriminatory impact' on single parent families

The Royal Courts of Justice (AFP/Getty Images)

The Government has launched an appeal against a ruling that its controversial benefits cap unlawfully discriminates against lone parents with children under two.

The cap, which came into force last year, limits the total amount of benefits a household can receive to £23,000 a year in London and £20,000 elsewhere.

But in June, a High Court Judge said the benefit cap was disproportionately affecting lone parents, and causing “real misery to no good purpose".

The case was brought by two lone parents who said they were unable to work the 16 hours a week that is required in order to avoid the benefits cap, because of childcare responsibilities.

He said the successful claim related to the "revised" benefit cap which "requires the parent in order to avoid the imposition of the cap to work at least 16 hours per week".

However, at the Court of Appeal on Tuesday, lawyers for the Work and Pensions Secretary urged three judges to overturn his decision.

Government lawyers told Sir Brian Leveson, Lord Justice McCombe and Sir Patrick Elias that the judge had made "a number of serious errors", adding: "But for those errors, the claim would have been dismissed."

Mr Sheldon said there was "no discriminatory impact and, in any event, any such impact would be justified".

Lawyers for the families are asking the appeal judges to dismiss the Government's challenge.

After Mr Justice Collins ruled in June, Labour leader Jeremy Corbyn described it as a "further demonstration of the failure of this government's austerity agenda", and said: "The Prime Minister should accept the High Court's judgment and end this discrimination against parents and children."

Lawyers for the claimants said that a reduced benefit cap, introduced last year, "drastically reduced housing benefits, leaving lone parent families across the country unable to afford basic life necessities to care for their children".

A Department for Work and Pensions spokesperson said: "The benefit cap incentivises work, even if it's part-time, as anyone eligible for working tax credits or the equivalent under Universal Credit, is exempt.

"Even with the cap, lone parents can still receive benefits up to the equivalent salary of £25,000, or £29,000 in London, and we have made Discretionary Housing Payments available to people who need extra help."