Two mothers, LMN and EFG, challenged the two-child cap in the universal credit system after being denied benefits for children conceived during abuse. Their cases highlight a significant issue where exceptions to the cap, such as the rape clause, do not cover first or second children conceived under non-consensual circumstances. Legal representative Karon Monaghan KC argued this exclusion creates discrimination and is irrational, violating the women's rights under the European convention on human rights. The court's deliberations reveal systemic flaws in how benefits are administered in cases involving domestic violence and coercion.
The two-child cap disproportionately affects women who have suffered trauma, as exceptions only apply to certain circumstances, leaving some vulnerable women without necessary support.
Karon Monaghan KC argued that the rules governing financial support are irrational and violate the principles of non-discrimination under international human rights law.
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