Two mothers are taking a stand against the government in court regarding the Universal Credit (UC) two-child benefit policy. This policy imposes a two-child cap, which restricts parents from receiving UC or child tax credits for any additional children beyond the second.
The women, who wish to remain anonymous, experienced non-consensual conception during their teenage years. They later had more children through consensual relationships as adults. A specific exception known as the non-consensual conception exception, often referred to as the rape clause, allows for additional financial support for mothers with two children conceived through rape.
However, these women argue that this exemption does not apply to their situations. Their first two children, conceived through rape, were born before they had subsequent children from consensual relationships. The Child Poverty Action Group (CPAG) is providing legal support for them and describes the current policy as “discriminatory and irrational.”
Claire Hall, head of strategic litigation at CPAG, 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 mothers, known as LMN, has initiated a High Court case against the Department for Work and Pensions (DWP) and eventually received benefits for her third child after a prolonged struggle. CPAG highlighted that:
“She went for years without this support, amounting to thousands of pounds which will not be backdated.”
The second mother, referred to as EFG, expressed through CPAG:
“If I had been raped after my first two children were born, the exceptions would be applied.”
According to CPAG, both women have lost out on significant financial assistance due to these policies.
A spokesman for DWP stated:
“We cannot comment on ongoing legal cases.”
The High Court challenge is anticipated to occur next year. The controversial two-child cap was implemented in April 2017 and has faced opposition from various anti-poverty advocates. At that time, a DWP spokeswoman asserted:
“We have always been clear this will be delivered in the most effective, compassionate way, with the right exceptions and safeguards in place.”
However, she could not clarify how claims would be verified from individuals who had never previously sought support or disclosed experiences of rape.
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