Abstract

In R [on the application of SG and others (previously JS and others)] v Secretary of State for Work and Pensions, the United Kingdom Supreme Court evaluated the legality of the benefit cap. The Court was sharply divided but decided by a narrow margin that the benefit cap did not amount to a violation of the claimants’ human rights. While the majority accepted that the gender discrimination was justified, the Court noted that the current measures fell short of the United Kingdom’s responsibilities under the United Nations Convention on the Rights of the Child. This could prove of the outmost importance as the government elected in May 2015 has announced further reductions to the existing benefit cap. The case comment evaluates whether the Court paid enough attention to the multifaceted nature of poverty and discrimination, and argues that the impact the benefit cap has had specifically on women from black and ethnic minorities should have been considered.