Laura Sharman 10 November 2016

Families win landmark court ruling over ‘discriminatory’ bedroom tax

Two families have successfully argued that cuts to their housing benefit due to the government’s controversial bedroom tax is unfair.

The Supreme Court have backed their appeal, agreeing that the policy was discriminatory against disabled people.

The judges agreed that Jacqueline Carmichael needs a separate bedroom from her husband due to her spina bifida, while Paul and Susan Rutherford said they needed their spare room for their disabled son’s carer.

The ruling stated: ‘In respect of the application of the test, the Court of Appeal was correct that the secretary of state’s decision to structure the housing benefit cap scheme as he did was reasonable. However, some people with disabilities have a transparent medical need for an additional bedroom.’

However, five other families failed to have the cuts in their housing benefit overturned by the court.

A spokesman for the Department for Work and Pensions said: ‘It is welcome that the court found in our favour in five out of the seven cases. The court also agreed with our view that discretionary housing payments are generally an appropriate and lawful way to provide assistance to those who need extra help.

‘In the two specific cases where the court did not find in our favour, we will take steps to ensure we comply with the judgement in due course.

‘In most cases, local authorities are best placed to understand the needs of their residents, which is why we will have given them over £1bn by the end of this parliament for discretionary housing payments to ensure that people in difficult situations don’t lose out.'

SIGN UP
For your free daily news bulletin
Highways jobs

Dance Participation Lead Officer

Essex County Council
£24786.00 - £26089.00 per annum
Dance Participation Lead OfficerFixed Term, Full TimeJNC scp 5 - 8, £24,786 - £26,089 Per AnnumLocation
Recuriter: Essex County Council

Operations and Technical Team Leader

West Northamptonshire Council
£42861 - £46304
The Pensions Service is looking for a highly motivated individual to join our Operations team as a Team Leader. You will be responsible for a team of up to 10 members of staff providing information to members of the Local Government Pension Scheme about p Northampton
Recuriter: West Northamptonshire Council

Education, Health and Care Coordinator

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £47,229 per annum
The role

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Reablement Support Officer, Part time (Reablement West Rehabilitation)

West Northamptonshire Council
£28,716 - £30,251 Pro Rata
Our Reablement Support Officers work with a number of people in the community each day. You’ll travel to the people’s homes to support them with regaining skills and confidence to enable them to become more independent, actively promoting their choice Northampton
Recuriter: West Northamptonshire Council

Head of Finance Business Partnering

The Royal Borough of Windsor & Maidenhead
£67,083 - £73,442 per annum (£73,443 - £87,483 Gateway Range)
The Royal Borough of Windsor and Maidenhead (RBWM) is seeking an experienced and inspiring finance leader Maidenhead, Berkshire
Recuriter: The Royal Borough of Windsor & Maidenhead
Linkedin Banner