Legal News

A couple from Kirklees in West Yorkshire has won a court case against the Department for Work and Pensions (DWP) over the “bedroom tax”.

Online publisher 24Dash.com reports that Kevin and Ann Gresham were moved by Kirklees Council to a two-bed council property to enable them to accommodate Mrs Gresham’s wheelchair in the specially adapted flat.

However, the DWP decided that the Greshams had a spare bedroom as a result – and tried to cut the couple’s housing benefit by 14% in line with the bedroom tax rules.

A judge has now ruled that the Greshams faced a “slim” chance of finding a one-bed property adapted for disabled use with enough space for two separate beds and Mrs Gresham’s disabled equipment – and decided they should be allowed to remain in the property and not have to pay the bedroom tax.

After the hearing, Mr Gresham said:

“It wasn't right – they're punishing Ann for breaking her back and punishing me for having to give up work to look after her.”

A spokesman for the DWP said:

“We have made £345 million of discretionary housing payments available to councils to help the most vulnerable people since reforms were introduced – with money specifically earmarked for disabled people living in specially adapted accommodation.

“The courts have twice ruled in our favour that we have fulfilled our equality duties to disabled people.

“Ending the spare room subsidy was absolutely necessary in order to get the soaring housing benefit bill under control, returning fairness to the system and making better use of social housing stock.

“These rules already applied to housing benefit claimants in the private sector – introduced by the previous government.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise social housing tenants on a wide range of housing matters, including:

• Disrepair of rented property
• Housing benefit
• Housing possession
• Local Authority housing
• Unlawful eviction.

Duncan Lewis is also one of the UK’s largest providers of Legal Aid services.

For expert legal advice on housing law contact Duncan Lewis housing solicitors on 020 7923 4020.