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

Service Director - Finance

Isle of Wight Council
£95,212 to £102,389
We need a talented and experienced Service Director of Finance to join us and play a pivotal role Isle of Wight
Recuriter: Isle of Wight Council

Strategic Director of Finance and Deputy Chief Executive (Section 151)

Isle of Wight Council
£120,536 to £129,500
Strategic Director of Finance and Deputy Chief Executive (Section 151) Isle of Wight
Recuriter: Isle of Wight Council

Service Director - Education

Isle of Wight Council
£95,212 to £102,389
This is a great time to join our Children’s Services senior leadership team as a Service Director for Education where you’ll provide system leadership Isle of Wight
Recuriter: Isle of Wight Council

Class Teacher (Primary)

Durham County Council
£32,916- £51,048
Primary School Class Teacher M1-UPS3 (£32,916  - £52,149) Permanent, Full-time Contract to begin in September 2026.   The Governors of this happy and Durham
Recuriter: Durham County Council

SEND Inclusion Partner

Essex County Council
£44258.0000 - £52068.0000 per annum
SEND Inclusion PartnerPermanentPart Time, 22.2 hours per week£44,258 to £52,068 per annum FTE, £26,554.80 to £31,240.80 per annum (pro rata)Location
Recuriter: Essex County Council
Linkedin Banner