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.'

LocalGov Weekly Round Up image

LocalGov Weekly Round Up

A pivotal week for councils sees fresh devolution plans, new service pilots and key legal and political battles, writes LocalGov editor William Eichler.
SIGN UP
For your free daily news bulletin
Highways jobs

Social Worker Fostering

Durham County Council
Grade 9 - £35,412 - £39,152 (pre-progression) / Grade 11 - £40,777 - £45,091 (post-progression)
Do you believe every child deserves to grow up surrounded by love, family, and a sense of belonging?   We’re on an exciting journey to expand our Conn Seaham
Recuriter: Durham County Council

Social Worker

Durham County Council
£35,412 - £39,152 (pre-progression) / £40,777 - £45,091 (post-progression)
Do you want to support parents to achieve meaningful and sustainable change and help more children to remain safely within their birth families?   We Durham
Recuriter: Durham County Council

Social Worker

Durham County Council
£35,412 - £39,152 (pre-progression) / £40,777 - £45,091 (post-progression)
Are you an experienced social worker who is passionate about working with vulnerable teenagers?   This is a fantastic opportunity to join our growing Durham
Recuriter: Durham County Council

Deputy Manager

Durham County Council
Grade 11 £40,777 - £45,091
Deputy Manager – Children’s Homes Service Salary
Recuriter: Durham County Council

Enhanced Teaching Assistant

Durham County Council
£26,403- £ 28,598 pro rata
Enhanced Teaching Assistant – 20 hours term time plus specified days. Monday - Friday 8.30am – 12.30pm Grade 5, £26,403 pro rata. Required 2nd June 20 Peterlee
Recuriter: Durham County Council
Linkedin Banner