Women
Against Rape UPDATE
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Court
ruling expected soon on domestic violence challenge to the total Benefit Cap
On Tuesday 29 April, Women Against Rape and others held a
vigil outside the UK Supreme Court in Parliament Square, to support the legal
challenge to the government’s “total Benefit Cap”. The Cap, which limits a family’s total benefit to £500
per week, including rent and Child Benefit, traps women and
children in violent relationships – a violent man in waged work is not
capped, but the woman who leaves him, is. We went in to monitor the
case, and anxiously await the outcome – the
ruling is expected soon.
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This Supreme Court
challenge to the Cap, is joined by another challenge against “bedroom tax” by
a single
mother fleeing domestic violence whose Housing Benefit is cut for having
a safe room in her secured housing, in case her violent ex-partner tries to
break in. And more challenges to the
Cap, bedroom tax and Council Tax are under way.
The challenge before five Supreme Court judges was whether the “Benefit Cap (Housing
Benefit) Regulations 2012 are unlawful because they unjustifiably
discriminate against lone parents and victims of domestic violence, who are
predominantly women, and fail to have regard to the best interests of the
child”. http://supremecourt.uk/cases/case_2014_0079.html
It is being brought
by two single mothers and their children,
fleeing domestic violence. Their solicitor
Rebekah Carrier describes the Cap as ‘catastrophic,
cruel and arbitrary’.
The court heard
from a legal team representing the families, the Child Poverty Action Group (CPAG) and Shelter. Their
case included that:
·
The Benefit Cap discriminates
against women, disproportionately hitting women fleeing domestic violence and
single mothers. Traumatised mothers are less likely to be able to get
waged work to escape the cap. A girl in one of the families is traumatised
by abuse – such children need their mothers, not unfamiliar childminders
while the mothers go out to work.
·
The policy goes against the
best interests of children. By January 2014, more than 100,000 children
had been made homeless – not a small-scale policy. (We are shocked at this
level of brutality towards children – the emotional harm done to them can
only be seen as violence against children!)
·
Women going into emergency
accommodation to flee domestic violence are entitled to dual rent so they can
return to their home – but dual rents are bound to exceed the Cap, so this
deters women from leaving violent partners. Women’s Aid fear the death
toll could rise, of women murdered by partners – already,
more than two women a week are killed by partners or ex-partners.
·
Families placed in temporary
accommodation by the Council have no choice about where they go or how much
it costs.
·
The actual impact of the Cap
is much worse than set out in official documents, but Department for Work and
Pensions predictions have not been reassessed according to the reality.
Discretionary housing payments are not reliable or a long-term answer.
·
The courts have a
responsibility to address discrimination in social policy, and the Cap
already has exemptions, such as for some disabled people.
·
MPs and Lords who wanted
amendments to the Welfare Reform Act, such as keeping Child Benefit out of
the Cap, were promised by the government that their concerns would be dealt
with by the regulations – yet this has not been done.
The judges asked various
questions. Baroness Hale, Deputy President of the Supreme Court, asked
if the Cap was about discouraging people from having children. (This
too, goes against the human rights they are considering.) The CPAG
pointed out that large families could not change
their size, and that parents in paid work get benefits on top of wages –
including Child Benefit, Child Tax Credit and Housing Benefit, so the £500 a
week “average earnings” to justify the level of the Cap, was false.
Also, one of the single mothers in the case has only two children but still
exceeds the Cap due to her high rent. Her and
the children’s benefit is a small proportion – her personal allowance is
meagre.
Last year, Women Against Rape (WAR) launched a petition on behalf of women and children escaping violent relationships, and is campaigning with others to “Scrap the Benefit Cap!” In Parliament, the Early Day Motion sponsored by John McDonnell MP calls on the government to lift the cap to protect current and potential victims of domestic violence. The government has been forced to respond to the many objections and since 10 April this year, some women in refuges and hostels are protected, but the majority – like the mothers and children in the legal challenge – are not.
Sign our petition here
to scrap the cap NOW, get
your organisation to endorse it, like it to your friends on Facebook and Twitter – we need as many signatures as
possible. The petition is endorsed by the Black Women’s Rape Action
Project, and others.
For more information about the
campaign contact WAR Tel: 020 7482
2496 war@womenagainstrape.net
About the legal challenge: Rebekah Carrier, Hopkin Murray Beskine. Tel: 020 7272 1234 |
Self-help support vs ravages of 'welfare reform'. Never attend anywhere official alone!
This blog currently focuses on national policy matters that impact upon KUWG members.
Kilburn Unemployed Workers Group as a group focuses primarily on combating benefits injustices locally through advocacy in individuals' benefit claims, and demonstrations that emphasise that there is hope when we come together. We are more angry than frightened.
Monday, 7 July 2014
Court ruling expected soon on domestic violence challenge to the total Benefit Cap
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