ABSTRACT
This chapter focuses on some of the key issues that have arisen in legal challenges to the Welfare Reform Act 2012. It discusses the United Kingdom (UK) constitutional context, the motivations for reform and the importance of 'localism'. The chapter outlines themes that emerge from the case law: the reliance on procedural challenges under equality obligations; the increasing importance of discretionary mitigation mechanisms as opposed to statutory exemptions; and the over-reliance and inherent limitations of discrimination challenges to assert social rights. It also seeks to outline the two elements of the UK constitutional settlement. They are the incorporation of the European Court of Human Rights (ECHR) into domestic law under the Human Rights Act 1998, and the tribunal system of redress and its relationship with judicial review. The chapter also examines Discretionary Housing Payments (DHP) regulations and how the scheme has evolved since its inception in 2001.
