The High Court today ruled that the application of the Benefit Cap to those who provide full time and unpaid care to those who are severely disabled is unlawful. Mr Justice Collins held that the Cap constituted discrimination against those with disabilities who were cared for by family members. As a consequence of the Cap the level of care provided by carers would be affected and the disabled persons would lose to a greater or lesser extent the care they receive from a family member or relation who they trust. That impact was not considered by the Secretary of State when the Cap was brought in and he could not establish that it was justified.
Dan Squires represented the Equality and Human Rights Commission which intervened in the claim.