‘The two-child benefit cap is an intensely controversial policy brought in by the last Conservative government, and, despite some murmurings to the contrary, continues to be maintained by the current Labour one. The cap allows parents to claim certain welfare benefits with respect to their first two children, but prevents them from doing so with regard to their third (or further) children. Regulations have put in place a number of exceptions to the cap. For example, the cap does not apply to adopted children, nor does it apply when multiple additional children are born at the same time. There is also a (limited) exception for children born as a result of rape or a coercive or controlling relationship. But the applicability of the exception depends on when each child was born. The policy applies in such a way whereby when a third (or later) child is born as a result of rape or a coercive and controlling relationship, the parent will be excepted from the two-child cap. But if an earlier child or children (say, the first two children) are born as a result of rape or a coercive and controlling relationship, and the third child is not, they will be subject to the cap.’
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Administrative Court Blog, 28th July 2025
Source: administrativecourtblog.wordpress.com
