Last updated on June 10th, 2015 at 03:07 pm

The Supreme Court voted narrowly in favour of the UK Government yesterday, ruling that its housing benefit cap is not unlawful.

What was the problem?

The ruling follows 2 single mothers’ challenge to the cap, which limits housing benefit to £500 a week for couples and £350 a week for single adult households, after they were forced into temporary accommodation following domestic abuse.

The women’s lawyers argued that the cap is a violation of human rights which has a disproportionate and discriminatory effect on women, especially those who have suffered from domestic violence. They said that the cap puts these women at risk of losing their safe homes and fails to have regard for the interest of their children.

What happened?

However, the narrow 3-2 majority vote from the Supreme Court has brought an end to the women’s battle, confirming Ian Duncan Smith’s view that the benefit cap is ‘right and fair’.

Why was it deemed lawful?

Lord Reed, who gave the lead judgement in the hearing said that the cap for households with children amounted to a gross annual salary of £35,000, which is higher than half of the working households in the UK, and is ‘a proportionate means’ of meeting government aims, including reducing the deficit and encouraging parents to find work.

Why was the decision split?

Lady Hale, one of the judges who voted in favour of the women’s challenge, said that the Government is obliged to take proper account of ‘the best interests of children’ under the Convention on the Rights of the Child (UNCRC) – even though the convention is not yet part of domestic law – and that imposing the cap breached the convention.

More information

If you’ve been a victim of domestic abuse and need help, please contact us in confidence now on 0114 272 9184 or email family@graysons.co.uk. You can also find out more about how we can help you on our domestic violence information page.