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Benefit cap legal challenge rejected by the High Court

Despite rejecting all the claimants' arguments the court has warned of possible future challenges, say Dean Underwood and Alastair Redpath-Stevens

29 November 2013

A call for a judicial review of the so-called 'benefit cap' has been turned down by the High Court, ending, for now, speculation about the lawfulness of a controversial welfare reform (R (on the application of JS & Ors) v The Secretary of State for Work and Pensions and (1) Child Poverty Action Group (2) Shelter Children's Legal Services (Interveners) [2013] EWHC 3350 (QB)).

The Welfare Reform Act 2012 introduced a limit to the amount of prescribed welfare benefits that certain claimants can receive ("the cap"). The cap is determined by reference to estimated average earnings (£26,000 p.a.) and is currently fixed at £350 per week for single, childless claimants and

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