Housing Solicitors

A group of five disabled public sector tenants is mounting a challenge to the government’s “bedroom tax” at the Court of Appeal.

Welfare cuts mean that public sector housing tenants who have a spare bedroom are penalised by a reduction in their housing benefit.

This has caused hardship for some pubic sector tenants no longer able to afford to live in their homes.

Some disabled tenants need out-of-hours care involving a carer staying with them overnight. Critics of the bedroom tax have called it cruel because council tenants who have had to move to smaller properties as a result no longer have a spare room available for a carer or their families to stay with them if they are ill or at holiday times.

Judges have ruled previously that the reduction in housing benefit for having a spare room is not unlawful.

However, lawyers representing the five disabled tenants mounting an appeal say the bedroom tax does not take into account the accommodation needs of disabled tenants, who may need a spare room for a care worker to stay – or to store essential equipment to manage their disability.

A member of the group mounting the appeal – 46-year-old Richard Rourke from Bakestone Moor in Derbyshire – says that he needs a spare room in his home for storing his mobility equipment.

Another of the group challenging the bedroom tax is Charlotte Carmichael from Southport in Merseyside, who says that her husband – who is also her carer – is not able to share a bedroom with her because of her spina bifida.

The group originally consisted of 10 claimants but five families with disabled children ceased to be eligible for the bedroom tax.

Martin Westgate QC told the Court of Appeal that judges had failed to “scrutinise” the government regulations carefully enough:

“If the High Court had applied the correct approach, it would have been bound to have found the discrimination in these cases was disproportionate and imposed an excessive and unfair burden on a vulnerable class of tenants,” he said.

The government has set aside £190 million to provide discretionary payments to public sector tenants who have lost housing benefit as a result of the bedroom tax.

However, Mr Westgate told the Court of Appeal that a discretionary payment was not “what would otherwise be a long-term benefit to which someone qualifies as of right”.

The Department for Work and Pensions (DWP) is defending the appeal, which is supported by the Equality and Human Rights Commission.

A spokeswoman for the DWP said:
“We remain confident that we have fulfilled our equality duties to disabled people with the policy.
"Reform of housing benefit in the social sector is essential, so the taxpayer does not pay for people's extra bedrooms."

Duncan Lewis Housing Solicitors

Duncan Lewis is a leading firm of housing solicitors – and is also one of the largest firms of Legal Aid solicitors.

Duncan Lewis housing solicitors can advise on Local Authority housing and housing benefit, as well as Landlord & Tenant issues, disrepair of rental property, unlawful eviction, housing possession, debt and mortgage repossession.

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