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The UK Supreme Court recently held that the departments of justice, and work and pensions’ benefit caps are in breach of the UN Convention on the Rights of the Child (CRC), with President Lady Hale noting that “It cannot possibly be in the best interests of the children affected by the cap to deprive them of the means to provide them with adequate food, clothing, warmth and housing, the basic necessities of life.”
Unfortunately, as the UK is a dualist state, the CRC has not been automatically incorporated into UK law. This allowed a decision by the Court that the benefit cap was not contrary to UK national law, although they did urge the government to ‘review the cap accordingly’ (see full article here).