Adopted children covered by new exemption from two-child benefit limit

Restrictions on benefit payments to families with more than two children have been relaxed, with a new exemption covering all of those who are adopted or taken in by relatives other than their parents.

The move follows a High Court ruling that it was “unlawful” for the exemption to be applied only if the child was the third child or later in the family.

Campaigners welcomed the announcement by Work and Pensions Secretary Esther McVey, but said she should take a further step and include children born as a result of rape.

Under Government rules, support for children from Universal Credit and Child Tax Credit is limited to a maximum of two per household, with exemptions for multiple births, adoptions and children who would otherwise be taken into care.

High Court judge Mr Justice Ouseley ruled that the two-child rule was compatible with human rights laws.

But he ruled against a detail of the policy which hit families whose first or second child came through adoption or through a “kinship arrangement” involving aunts, uncles or grandparents.

In such cases, the family’s third child was not covered by the exemption from the “two-child rule” which was available if the arrangement related to the third child or later.

Ms McVey announced that the exemption will now apply to such children “regardless of the order in which they entered the household”.

The Work and Pensions Secretary said: “Adoptive parents and non-parental carers – known as ‘kinship carers’ – have often stepped in to help a family member or close friend in times of need. They have provided support and provided a home for a child in need.

“It is therefore right that Government supports them in doing so. That is why today I am extending the existing support for children and families in these circumstances.”

The chief executive of the Child Poverty Action Group, Alison Garnham, said: “This is a welcome move which follows on from our legal case on kinship care.

“It is the right thing to do for families who take on care of some very vulnerable children.

“We hope it will be followed by a decision to exempt all children conceived as a result of non-consensual sex. We argue that the overall two-child limit breaches fundamental human rights and we will continue to challenge its lawfulness.”

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