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Lee’s Story

Lee provided regular care and support to his grandmother, who had severe health difficulties. He had his Carer’s Allowance reduced as a result of the benefit cap which meant he was close to destitution. His allowance was classified as a “possession” and this interference with it was found to be unlawful and discriminatory under Article 14 (the right to be free from discrimination) as the benefit cap disproportionately impacts people caring for disabled people. After this judgment, people in receipt of Carer’s Allowance were made exempt from the benefit cap.

(Hurley and others v Secretary of State for Work and Pensions [2015] EWHC 3382 (Admin))

Key information


Rights this relates to: 
Article 14: Right to be free from discrimination
Article 1, Protocol 1: Right to peaceful enjoyment of possessions

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