Laura Sharman 01 April 2015

Bedroom tax policy ruled ‘unlawful’ in landmark case

A disabled couple have successfully challenged a council’s bedroom tax policy, in a legal case that could have ‘significant consequences’ for the rest of the county.

The couple mounted a legal challenge against Sandwell MBC, arguing that its policy of taking disability benefits into account when assessing housing support was unlawful.

Lawyers, Irwin Mitchell, argued the council’s policy of using Disability Living Allowance (DLA) as income when deciding to allocate a Discretionary Housing Payment (DHP) for people affected by the bedroom tax was a breach of the Equality Act 2010 and Article 14 of the European Convention On Human Rights.

Fiona McGhie, the specialist public lawyer at Irwin Mitchell, warned the ruling will have wider consequences for councils across England and Wales.

‘The council’s policy has been struck down as being unlawful,’ she said. ‘Where the bedroom tax leaves a black hole in a disabled person’s household budget – the council cannot demand that they fill that black hole with DLA.

‘Today’s decision is an important one which provides important clarity on whether councils should include disability related benefits as income when considering applications for DHP to help with housing costs.’

In his judgment, Mr Justice Phillips said the council’s policy of the care element of DLA into account when assessing applications gave rise to ‘unfavourable treatment to the disabled applicants’.

Ms McGhie added: ‘Today’s ruling is an important step forward that recognises how the existing council policy simply failed to consider how disabled people would be adversely affected by the treatment of the care component of DLA as income and we are delighted to have helped them succeed in their challenge.’

Neeraj Sharma, director – governance at Sandwell Council, said: 'We welcome this judgement. Like many other local authorities, we took the care component of DLA into account as income when calculating DHP. Sandwell was used as a test case.

'This now clarifies the situation for us and for other councils up and down the country. We will be changing our policy to ensure DLA is no longer taken into account.'

Devolution and putting place first image

Devolution and putting place first

The real lesson of Andy Burnham's Makerfield success, argues Dr Jonathan Carr-West, is that place – not personality – is the key to Britain's future.
SIGN UP
For your free daily news bulletin
Highways jobs

Housing Administration Officer

Durham County Council
Grade 4 £25,583 - £26,824 pro rata (Pay award pending)
We currently have a vacancy within Business Services for 1 x Permanent, Part Time Business Administrative assistant role. WHAT IS INVOLVED? You wi Durham
Recuriter: Durham County Council

Operational Support Assistant

Durham County Council
Grade 4 £25,583 - £26,824 (Pay award pending)
We are looking to recruit an Operational Support Assistant to provide high-quality administrative and business support to frontline services within Al Durham
Recuriter: Durham County Council

Clerical Officer Receptionist

Durham County Council
Grade 3 £25,185 - £25,989 pro rata (Pay award pending)
We have an exciting opportunity for a temporary part-time Clerical Officer/Receptionist to join our dedicated team within Business Services. WHAT I Durham
Recuriter: Durham County Council

Catering Manager

Durham County Council
£35,412 - £39,152 (Pro Rata)
Permanent Contract (subject to a 6 month probationary period) Full Time 37 hours per week (Mon – Thurs 7.00am – 3.00pm, Fri – 7.00 - 2.30pm (includes Durham
Recuriter: Durham County Council

Public Health Management Support Administrator

Durham County Council
Grade 6 £28,142 - £31,022 (Pay award pending)
If you’re highly organised, proactive and thrive in a fast-paced environment, this is your opportunity to play a vital role at the heart of our Publi Spennymoor
Recuriter: Durham County Council
Linkedin Banner