Court of Appeal decision on two-child limit

The two-child limit was abolished from 6 April 2026, and child elements in universal credit are now included for all children.

During the nine years the two-child limit was in force, many families experienced hardship and unfairness in how the limited exceptions were applied. The two-child limit restricted universal credit child elements for children born on or after 6 April 2017 if there were already two or more children included in the award. An exception applied for non-consensual conception, if the third or subsequent child was likely to have been conceived as a result of rape or in a coercive relationship. However, if the first or second child had been conceived in such circumstances, the exception did not apply to a child born later. 

The Court of Appeal in England considered a test case brought by CPAG which challenged the non-consensual conception exception ordering rule within the two-child limit. The Court of Appeal decided that this rule was proportionate and justified and compatible with the Human Rights Convention. CPAG has applied for permission to appeal to the Supreme Court.

CPAG subscribers can read a more detailed summary of the case LMN v The Secretary of State for Work and Pensions | CPAG

You can read the Court judgment in full at LMN & Anor, R (on the application of) v The Secretary of State for Work and Pensions - Find Case Law - The National Archives

Remember, the two child limit and exceptions no longer matter for current awards, so claimants should check they are receiving child elements for all their children. If they were previously affected by the two child limit and it appears that an exception should have applied, it may still be possible to challenge the decision in place before 6 April 2026. Contact CPAG in Scotland advice line for more support.