Scrutinising Social Security Law and Protecting Social Rights: Lord Kerr and the Benefit Cap

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This chapter examines how social security entitlement has developed in the UK and the legislative process through which Parliament scrutinises the implications of social policy choices. Lord Kerr’s dissenting judgments in two cases that challenged social security regulations, under which the amount of income from social security benefits a household can receive is limited by a statutory benefit cap, are considered as part of his contribution to evaluating the adequacy of the scrutiny process, the innovative legal thinking by which social security rights can be protected and the value of his dissents.
Original languageEnglish
Title of host publicationThe Judicial mind
Subtitle of host publicationA Festschrift for Lord Kerr of Tonaghmore
PublisherHart Publishing
Chapter7
Publication statusAccepted/In press - 2022

Keywords

  • Lord Kerr; social security; benefit cap; discrimination; poverty

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