November 2018 – Challenge to Two Child Limit

03/11/2018

In general, no additional child element is included in Child Tax Credit for a third or subsequent child born after 6 April 2017 (although there are specific exceptions – see article February 2017).

Three families challenged these rules, arguing that the limit was in breach of the European Convention on Human Rights – in particular the right to family life (Article 8) and the right to marry and found a family (Article 12).

Judge Ouseley dismissed all arguments stating that there was little or no evidence of any direct interference with family planning and Articles 8 and 12 were not engaged directly. While there was indirect discrimination against women, the judge found that this was justified given the aim of the policy was to ensure that welfare spending was sustainable and fair to the taxpayer while protecting the most vulnerable. The judge held that this aim was not manifestly without reasonable foundation.

The claimants have been granted permission to appeal to the Court of Appeal.

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