Mothers launch legal challenge against government’s child benefit cap

Two mothers have initiated legal proceedings against the government concerning the Universal Credit (UC) two-child benefit policy. This cap prevents parents from claiming the child element of UC or child tax credit for a third or subsequent child. The women, whose identities are protected, had two or more children through non-consensual conceptions in relationships that began during their teenage years. An exception to the two-child cap for non-consensual conception, sometimes referred to as the “rape clause,” provides financial support for a child conceived non-consensually, but only if that child is the third or a later-born child. One of the women later had more children consensually. The other woman had to manage with support for only two of her three children living with her, after an older child was returned to her from care. The Child Poverty Action Group (CPAG), which is providing their legal representation, described the policy as “discriminatory and irrational.” Claire Hall, the charity’s head of strategic litigation, stated: “They should be able to get the exemption for the non-consensually conceived children, irrespective of at what point they are born.” One of the women, identified only as LMN, who is pursuing High Court action against the Department for Work and Pensions (DWP), eventually received benefits for her third child. CPAG reported that “She went for years without this support, amounting to thousands of pounds which will not be backdated.” The second woman, known as EFG, stated through CPAG: “If I had been raped after my first two children were born, the exceptions would be applied.” CPAG asserts that both women have lost out on thousands of pounds of support due to the current policy. A DWP spokesman commented: “We cannot comment on ongoing legal cases.” The High Court challenge is anticipated to proceed next year. The two-child cap was implemented in April 2017 and has been opposed by anti-poverty campaigners. At the time, a DWP spokeswoman affirmed: “We have always been clear this will be delivered in the most effective, compassionate way, with the right exceptions and safeguards in place.” However, the spokeswoman was unable to clarify how claims would be verified when made by a woman who had never accessed support or disclosed being raped. In 2023, Sir Keir Starmer informed the BBC that his Labour government would not alter the two-child cap and would not commit additional funds to benefits without first achieving economic growth. Previously, campaigners brought a legal challenge against the two-child limit to the Supreme Court, arguing it breached parents’ and children’s human rights; that case was dismissed in 2021. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.