“Done Because We Are Too Menny”
The Two-Child Rule Promotes Poverty, Invokes a Narrative of Welfare Decadence, and Abandons Children’s Rights
In: The International Journal of Children's RightsSearch for other papers by Charlotte O’Brien in
Current site
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Among a swathe of major welfare reforms, one has received little academic attention – the two-child rule, restricting claims for key benefits to a maximum of two children. In negating the status of specific children within the framework of subsistence benefits, the measure clashes profoundly with a series of international legal obligations. In particular, the rule is set to increase child poverty, calling into question the role and purpose of the un Convention on the Rights of the Child (un crc) in the law-making process. This paper explores problematic recent decisions that risk creating a human rights chasm when it comes to children and social security rights, and argues that existing legal provisions can and should be used to fill that gap. It finds no evidence that the best interests of the child were a primary consideration in the enactment of the two-child rule, and argues that the justificatory narrative of welfare decadence is manifestly without reasonable foundation. If the un crc does not bite here, then we must question whether children have any social security rights at all.
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-
Amy J. J. and Tripathi V. (2009), “Contraception for women: an evidence based overview”, bmj , 339, b2895.
-
Ayre D. (2016), “Poor mental health: The links between childhood poverty and mental health problems” (London: The Children’s Society). Retrieved 18 July 2018: https://www.childrenssociety.org.uk/sites/default/files/poor_mental_health_report.pdf.
-
Berkeley Center of Reproductive Rights and Justice (2016), “Bringing Families out of ‘Cap’tivity: the Path Toward Abolishing Welfare Family Caps” (University of California, Berkeley). Retrieved 18 July 2018: https://www.law.berkeley.edu/wp-content/uploads/2015/04/2016-Caps_FA2.pdf.
-
Bouie J. (2014), “The most discriminatory law in the land”, Slate, 17 June 2014. Retrieved 18 July 2018: http://www.slate.com/articles/news_and_politics/politics/2014/06/the_maximum_family_grant_and_family_caps_a_racist_law_that_punishes_the.html?via=gdpr-consent.
-
Bradshaw J . (2017), “Why the two-child policy is the worst social security policy ever”, Social Policy Association 50th Anniversary Blog series (1 November 2017). Retrieved 18 July 2018 :http://www.social-policy.org.uk/50-for-50/two-child-policy/.
-
Bradshaw J. and Hirose K. (2016), “Child Benefits in Central and Eastern Europe – A comparative review”, International Labour Organization. Retrieved 18 July 2018: http://socialprotection-humanrights.org/wp-content/uploads/2017/01/wcms_532424.pdf.
-
Burton J. , Clarke S. , Spencer M. (2015), “Social security salami slicing: what’s left to cut?”. Public Law Project, conference paper. 06/11/15. Retrieved 18 July 2018: https://publiclawproject.org.uk/wp-content/uploads/data/resources/219/PLP-conference-workshop-social-security-salami-slicing.pdf.
-
Council Cardiff (2013), A Report of the Children & Young People Scrutiny Committee The Impact of Poverty on Educational Attainment In Cardiff. Retrieved 18 July 2018: https://www.cardiff.gov.uk/CYM/Eich-Cyngor/Cynghorwyr-a-chyfarfodydd/Craffu/Adroddiadau-craffu/Documents/CYP-%20Impact%20of%20Poverty%20on%20Educational%20Attainment.pdf.
-
Scotland Citizens Advice (2016), Response Exceptions to the limiting of the individual Child Element of Child Tax Credit and the Child Element of Universal Credit to a maximum of two children – Public consultation. Retrieved 18 July 2018: https://www.cas.org.uk/system/files/publications/citizens_advice_scotland_response_-_exceptions_to_two_child_limit_in_tax_credits.pdf.
-
Child Poverty Action Group (cpag) (2016), Exceptions to the limiting of the individual Child Element of Child Tax Credit and the Child Element of Universal Credit to a maximum of two children cpag’s response, November 2016. Retrieved 18 July 2018: http://www.cpag.org.uk/sites/default/files/Two%20child%20limit%20consultation_CPAG%20response.pdf.
-
cpag (2017a), Two-child limit briefing. Retrieved 18 July 2018: http://www.cpag.org.uk/sites/default/files/Briefing%20two%20child%20limit.pdf.
-
cpag (2017b), Submission to the House of Lords Secondary Legislation Scrutiny Committee. Retrieved 18 July 2018: https://www.parliament.uk/documents/lords-committees/Secondary-Legislation-Scrutiny-Committee/SI-376-Child-Poverty-Action-Group-Submission.pdf.
-
cpag, End Child Poverty & The Church of England (2018). Unhappy birthday! The two-child limit at one year old (London: End Child Poverty, 2018). Retrieved 18 July 2018: http://www.cpag.org.uk/sites/default/files/uploads/Unhappy-birthday-report-on-two-child-limit-final.pdf.
-
The Children’s Society (2016), “Exceptions to the limiting of the individual Child Element of Child Tax Credit and the Child Element of Universal Credit to a maximum of two children”, Consultation response. Retrieved 18 July 2018: https://www.childrenssociety.org.uk/sites/default/files/2-child-limit-consultation-tcs-response.pdf.
-
The Children’s Society (2013), A good childhood for every child? Child Poverty in the uk . Retrieved 18 July 2018: https://www.childrenssociety.org.uk/sites/default/files/tcs/2013_child_poverty_briefing_1.pdf.
-
The Children’s Society (2011), How happy are our children: measuring children’s well-being and exploring economic factors (London: The Children’s Society). Retrieved 18 July 2018: https://www.childrenssociety.org.uk/sites/default/files/tcs/research_docs/12pp%20Well-being%20Report.pdf.
-
Conger R. , Conger K. and Martin M. (2010), “Socioeconomic Status, Family Processes, and Individual Development”, J Marriage Fam, 72(3), 685.
-
Cooper K. and Stewart K. (2017), “Does Money Affect Children’s Outcomes? An update”, case paper 203 (London: lse).
-
Date S. , Rokade J. , Mule V. and Dandapannavar S. (2014), “Female sterilization failure: Review over a decade and its clinicopathological correlation”, Int J Appl Basic Med Res, 4(2), 81.
-
Dinkel C. (2011), “Welfare Family Caps and the Zero-Grant Situation”, Cornell L. Rev, 96(2), 365.
-
Dominiczak P. (2013), “George Osborne: Why should the taxpayer fund 'lifestyles' like those of the Philpotts?”, The Telegraph, 4 April 2013. Retrieved 18 July 2018: https://www.telegraph.co.uk/news/uknews/crime/9971393/George-Osborne-Why-should-the-taxpayer-fund-lifestyles-like-those-of-the-Philpotts.html.
-
dwp, hm Treasury and hmrc (2015), “Welfare Reform and Work Bill: Impact Assessment of Tax Credits and Universal Credit, changes to Child Element and Family Element”, Impact Assessment.Retrieved 18 July 2018 :https://www.parliament.uk/documents/impact-assessments/IA15-006E.pdf.
-
dwp (2015), Memorandum to the Joint Committee on Human Rights, The Welfare Reform and Work Bill 2015, 8 September 2015. Retrieved 18 July 2018 :https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/458886/welfare-reform-and-work-bill-2015-human-rights.pdf.
-
ehrc (2016), Response of the Equality and Human Rights Commission to the consultation: Universal Credit and Child Tax Credit: exceptions to the 2-child limit, 25 November 2016. Retrieved 18 July 2018 :https://www.equalityhumanrights.com/en/legal-responses/response-department-work-and-pensions-and-hm-revenue-and-customs-consultation.
-
European Commission (2018), Your rights country by country, Retrieved 18 July 2018 :http://ec.europa.eu/social/main.jsp?catId=858&langId=en.
-
European Commission (2017), Your social security rights in Romania (Brussels: European Union). Retrieved 18 July 2018 :http://ec.europa.eu/social/BlobServlet?docId=13772&langId=en.
-
European Social Policy Network (2015), espn Thematic Reports on Social Investment. Retrieved 18 July 2018: http://ec.europa.eu/social/keyDocuments.jsp?advSearchKey=ESPNSocInv&mode=advancedSubmit&langId=en&search.x=15&search.y=8.
-
Ferguson H. B. , Bovaird M. P. H. and Mueller M. P. (2007), “The impact of poverty on educational outcomes for children”, Paediar Child Health, 12(8), 701.
-
Garthwaite K. (2011), “‘The Language of Shirkers and Scroungers?’ Talking About Illness, Disability and Coalition Welfare Reform”, Disability & Society, 26(3), 369.
-
Ghelani D. and Tonutti G. (2017), “The impact of the two child limit to tax credits”, A Briefing Paper by Policy in Practice. Retrieved 18 July 2018 :http://policyinpractice.co.uk/wp-content/uploads/2017/04/Limiting-Child-Tax-Credits-to-Two-Children_PIP_Briefing-Paper_April2017.pdf.
-
Griggs J. and Walker R. (2008), “The costs of child poverty for individuals and society: a literature review”, (York: Joseph Rowntree Foundation). Retrieved 18 July 2018 :https://www.jrf.org.uk/sites/default/files/jrf/migrated/files/2301-child-poverty-costs.pdf.
-
Hills J. (2011), “Fuel Poverty: The Problem and Its Measurement”, Interim Report of the Fuel Poverty Review. case Report 69.
-
hm Government (2017), Consultation response – Exceptions to the limiting of the individual Child Element of Child Tax Credit and the Child Element of Universal Credit to a maximum of two children.Retrieved 18 July 2018: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/584802/government-response-to-universal-credit-and-child-tax-credit-exceptions-to-the-2-child-limit-consultation.pdf.
-
hmrc (2018), Percentile points from 1 to 99 for total income before and after tax. Last updated 6 March 2018. Retrieved 18 July 2018: https://www.gov.uk/government/statistics/percentile-points-from-1-to-99-for-total-income-before-and-after-tax.
-
hmrc and dwp (2018), “Child Tax Credit and Universal Credit claimants”, Statistics related to the policy to provide support for a maximum of two children, 2 April 2018. Retrieved 18 July 2018: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719458/Two_children_and_exceptions_in_tax_credits_and_Universal_Credit_April_2018.pdf.
-
hmrc (2017), Child and Working Tax Credit statistics: finalized annual awards : 2015–2016.Retrieved 18 July 2018: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/617128/Child_and_Working_Tax_Credits_statistics_finalised_annual_awards_-_2015_to_2016.pdf.
-
House of Lords (2017), “30th Report of Session 2016–17”, Secondary Legislation Scrutiny Committee, hl Paper 148.
-
ifs (2015), Living Standards, Poverty and Inequality in the uk: 2015 (London: ifs). Retrieved 18 July 2018: https://www.ifs.org.uk/uploads/publications/comms/R107.pdf.
-
ifs (2016), Living Standards, Poverty and Inequality in the uk: 2015–16 to 2020–21, ifs Report R114 (London, ifs).
-
Joseph Rowntree Foundation (2017), uk Poverty 2017, Report by the jrf Analysis Unit (York: Joseph Rowntree Foundation, 2017). Retrieved 18 July 2018: https://www.jrf.org.uk/file/50890/download?token=3jsCmyhA&filetype=full-report.
-
Kennedy S. Bate A. and Keen R. (2017), “The two child limit in tax credits and Universal Credit”, House of Commons Library Briefing Paper Number 7935, 10 April 2017. Retrieved 18 July 2018: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7935#fullreport.
-
Low Income Tax Reforms Group (2016), “dwp consultation – Exceptions to the limiting of the individual child element of child tax credit and the child element of universal credit to a maximum of two children”, Response from the Low Incomes Tax Reform Group (litrg).Retrieved 18 July 2018: https://www.litrg.org.uk/sites/default/files/files/161127-LITRG-response-DWP-2-child-limit-exceptions-FINAL.pdf.
-
Machin R. (2017), “The Professional and Ethical Dilemmas of the Two-child Limit for Child Tax Credit and Universal Credit”, Ethics and Social Welfare, 11(4), 404.
-
McKeever G. (2016), “Legislative Scrutiny, Co-ordination and the Social Security Advisory Committee: From System Coherence to Scottish Devolution”, Journal of Social Security Law, 23(3), 126.
-
Meers J. (2015), “Panacean Payments: The Role of Discretionary Housing Payments in the Welfare Reform Agenda”, Journal of Social Security Law 22, 115.
-
Mullally, S. Bishop of London et al. (2018), “Two-child limit on Universal Credit”, Letter to the Times, 6 April 2018. Retrieved 18 July 2018: https://www.thetimes.co.uk/article/gender-equality-and-the-male-voice-choir-gphdtvp3l.
-
National Alliance of Women’s Organisations (2017), Submission to the House of Lords Secondary Legislation Scrutiny Committee. Retrieved 18 July 2018: https://www.parliament.uk/documents/lords-committees/Secondary-Legislation-Scrutiny-Committee/SI-376-NAWO-Submission.pdf.
-
National Children’s Bureau (2016), “Poverty and children’s personal and social relationships”, Secondary analysis of Millennium Cohort Study data (London: ncb). Retrieved 18 July 2018: https://www.ncb.org.uk/sites/default/files/uploads/documents/Research_reports/poverty_and_children_s_personal_and_social_relationships_-_final_report_-_march_2016.pdf.
-
National Education Union and cpag (2018), “Child poverty and education: A survey of the experiences of neu members”. Retrieved 18 July 2018: http://www.cpag.org.uk/sites/default/files/uploads/Child%20poverty%20and%20education%20-%20A%20survey%20of%20the%20experiences%20of%20NEU%20members.pdf.
-
O’Brien, C. (2015), “The pillory, the precipice and the slippery slope: the profound effects of the uk’s legal reform programme targeting eu migrants”, Journal of Social Welfare and Family Law, 37(1), 111.
-
O’Brien, C. (2017), Unity in Adversity: eu Citizenship, Social Justice and the Cautionary Tale of the uk (Oxford: Hart).
-
Office for National Statistics (2017), Gross household income by income decile group, uk, financial year ending 2016. Ref. 006770. Retrieved 18 July 2018: https://www.ons.gov.uk/file?uri=/peoplepopulationandcommunity/personalandhouseholdfinances/expenditure/adhocs/006770grosshouseholdincomebyincomedecilegroupukfinancialyearending2016/incomegrossdecilefinal201516.xls.
-
Patrick R. (2016), “Living with and Responding to the ‘Scrounger’ Narrative in the uk: Exploring Everyday Strategies of Acceptance, Resistance and Reflection”, Journal of Poverty and Social Justice, 24(3), 245.
-
Foundation Resolution (2018), The Living Standards Outlook 2018. Report. Retrieved 29 August 2018: https://www.resolutionfoundation.org/app/uploads/2018/02/Outlook-2018.pdf.
-
Richardson H. (2018), “Child poverty: Pale and hungry pupils ‘fill pockets with school food’”, bbc News, 2 April 2018. Retrieved 18 July 2018: https://www.bbc.co.uk/news/education-43611527.
-
Romero D. and Agénor M. (2009), “us Fertility Prevention as Poverty Prevention: An Empirical Question and Social Justice Issue”, Women’s Health Issues, 19(6), 355.
-
Romero D. and Fuentes L. (2010), “The Welfare Family Cap Policy: Fertility Restriction as Poverty Prevention”, Different Takes, 66, 1.
-
Royal College of Paediatrics and Child Health and cpag (2017), Poverty and Child Health: Views from the frontline (London: rcpch).
-
Shelter (2010), Briefing: Review of Poverty and Life Chances. Retrieved 18 July 2018: https://england.shelter.org.uk/__data/assets/pdf_file/0010/284599/Frank_Field_poverty_review_briefing_website.pdf.
-
Simpson M. (2018), “Social rights, child rights, discrimination and devolution: untangling the web”, Journal of Social Welfare and Family Law, 40:1, 3.
-
Committee Social Security Advisory (2017), Letter from the Chair Paul Gray to Damian Hinds mp, Minister for State Employment. 31 January 2017. Retrieved 18 July 2018: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/590932/ssac-to-damian-hinds-2-child-exceptions.pdf.
-
Tapsfield J. (2013), “David Cameron backs George Osborne in Philpott welfare row”, The Independent, 5 April 2013. Retrieved 18 July 2018: https://www.independent.co.uk/news/uk/politics/david-cameron-backs-george-osborne-in-philpott-welfare-row-8562190.html.
-
Taylor R. (2016), “Putting children first? Children’s interests as a primary consideration in public law”, Child and Family Law Quarterly, 28(1), 45.
-
un Committee on Economic, Social and Cultural Rights (2016), “Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland”, e/c.12/gbr/co/6. 14 July 2016.
-
un Committee on the Rights of the Child (2016), “General comment No. 19. on public budgeting for the realization of children’s rights (art. 4)”, crcx/c/gc/19. 20 July 2016.
-
un Committee on the Rights of the Child (2016), “Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland 2016”, crc/c/gbr/co.5, 12 July 2016.
-
un Committee on the Rights of the Child (2013), “General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)”, crc/c/gc/14, 29 May 2013.
-
un Committee on the Rights of the Child (2005), “General Comment No. 7 on implementing child rights in early childhood”, crc/c/gc/7/Rev.1., 12–30 September 2005.
-
Women’s Aid Federation Northern Ireland (2017), Submission to the House of Lords Secondary Legislation Scrutiny Committee. Retrieved 18 July 2018: https://www.parliament.uk/documents/lords-committees/Secondary-Legislation-Scrutiny-Committee/SI-376-Womens-Aid-NI-Submission.pdf.
-
World Bank Group (2014), “Achieving Roma inclusion in Romania: What does it take?”, Summary Report 28 February 2014. Retrieved 18 July 2018: http://www.worldbank.org/content/dam/Worldbank/document/eca/romania/Summary%20Report%20RomanianAchievingRoma%20Inclusion%20EN.pdf.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 3307 | 480 | 16 |
| Full Text Views | 524 | 52 | 3 |
| PDF Views & Downloads | 724 | 105 | 7 |
“Done Because We Are Too Menny”
The Two-Child Rule Promotes Poverty, Invokes a Narrative of Welfare Decadence, and Abandons Children’s Rights
In: The International Journal of Children's RightsSearch for other papers by Charlotte O’Brien in
Current site
Google Scholar
PubMed
Among a swathe of major welfare reforms, one has received little academic attention – the two-child rule, restricting claims for key benefits to a maximum of two children. In negating the status of specific children within the framework of subsistence benefits, the measure clashes profoundly with a series of international legal obligations. In particular, the rule is set to increase child poverty, calling into question the role and purpose of the un Convention on the Rights of the Child (un crc) in the law-making process. This paper explores problematic recent decisions that risk creating a human rights chasm when it comes to children and social security rights, and argues that existing legal provisions can and should be used to fill that gap. It finds no evidence that the best interests of the child were a primary consideration in the enactment of the two-child rule, and argues that the justificatory narrative of welfare decadence is manifestly without reasonable foundation. If the un crc does not bite here, then we must question whether children have any social security rights at all.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 3307 | 480 | 16 |
| Full Text Views | 524 | 52 | 3 |
| PDF Views & Downloads | 724 | 105 | 7 |
