Carers win High Court benefit cap challenge
Date published: 26 November 2015
The government discriminated against disabled people when it failed to exempt some unpaid carers from its cap on benefits, the High Court has ruled.
It comes after two adult carers challenged the way the benefits cap applied to people who care for their disabled adult children or relatives.
Carers can claim about £60 a week for caring for relatives - but claims can be included in the £500 benefit cap.
This indirectly discriminated against disabled people, the judge said.
A Department for Work and Pensions spokesman said the government "values the important role of carers" and was "considering the judgment and will respond in due course".
He said 98% of carers were unaffected by the benefits cap, which was introduced across England, Scotland and Wales in 2013 and limits how much any one household can receive in state benefits.
To qualify for the Carer's Allowance, carers must provide full-time care - more than 35 hours a week - to a severely disabled person who receives Disability Living Allowance (DLA) or Personal Independence Payment (PIP).
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