Case details

R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent)

Case ID: UKSC 2018/0074

Case summary

  1. Whether the revised benefit cap introduced in s 96 Welfare Reform Act 2012 (as amended), and applied to the appellants in accordance with part 8A of the Housing Benefit General Regulations 2006 (as amended), discriminates against the children of lone parents and/or female lone parents in breach of article 14 of the European Convention on Human Rights read with article 1 of the First Protocol and/or article 8; and
  2. whether, and if so on what basis, compliance with article 3 of the United Nations Convention on the Rights of the Child is relevant to the determination of the claim

From 11 January 2017 the cap on the maximum weekly benefit income was lowered from £500 per week to £384.62 (‘the Revised Cap’). The appellants are two single mothers and their children living outside Greater London (at the date of claim, NL had four children between the ages of 9 and 2, and DS had five between 13 and 2, three of whom have significant health needs). As a result of the Revised Cap NL lost her entitlement to £80 of her weekly income from benefits and DS lost £110. Both women had been unable to find work despite their best efforts. The High Court granted a ‘leapfrog’ certificate, without deciding the claim on its merits, in order that the Supreme Court could consider whether to join this challenge to the Revised Cap with the narrower challenge in the appeal in DA v Secretary of State for Work and Pensions, due to be heard on 18 July 2018.



DS and others


Secretary of State for Work and Pensions



Lady Hale, Lord Reed, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge

Hearing start date

17 Jul 2018

Hearing finish date

19 Jul 2018

Watch hearing
17 Jul 2018 Afternoon session
18 Jul 2018 Morning session Afternoon session
19 Jul 2018 Morning session Afternoon session