Guardian News and Media/London
Ten families dealing with disability have lost their attempt to overturn the government’s “bedroom tax” on the basis that it was highly discriminatory and contrary to Article 14 of the European convention on human rights.
Two high court judges ruled that courts should not “micro-manage” policy decisions and that the £30mn in discretionary housing payments granted local authorities enough flexibility to deal with shortfalls.
Following the judgment yesterday, the government has announced an extra £35mn in payments to deal with housing benefit shortfalls for those with disabilities.
Since April new housing benefit rules have meant thousands of families have had to switch accommodation to meet a 14% or 25% reduction in housing subsidies, depending on whether they have one or two bedrooms “extra” to the judged allowance.
The 10 families brought the case to the high court earlier this year arguing that the policy discriminated against those with disability.
One claimant, 40-year-old Jacqueline Carmichael from Southport, who has spina bifida, was supplied with a specially fitted single bed by the NHS. However, without space in the room for another bed, her husband must sleep in a second room.
Despite their circumstances, the Carmichaels have faced a 14% reduction in housing benefit since April. In March, barrister Kate Markus told the high court that Carmichael “needs space around her so that her nurses and her husband are able to attend her.”
Lawyers for the families have said that they will appeal against the ruling, which they found “disappointing”. But in their lengthy judgment, Lord Justice Law and Justice Cranston came down strongly against the failure by the Work and Pensions Secretary, Iain Duncan Smith, to set down other regulations following a previous housing benefit challenge to payments made to families with disabled children in the private sector.
In that case in March last year, judges found that size criteria for housing benefit in the private sector could discriminate against disabled children who needed a bedroom each because of health needs. In their ruling yesterday, the judges said Duncan Smith was relying on “departmental circular” to implement policy ordered by the courts last year, which was not sufficient, and new laws should be implemented as “speedily as possible”.
The department of work and pensions (DWP) said it would introduce the new regulations as soon as parliament was sitting after the summer break.
A DWP spokesman welcomed the ruling saying: “Now that we have this judgment it is intended that the regulations for children will be laid in autumn. We are pleased to learn that the court has found in our favour and agreed that we have fulfilled our equality duties to disabled people.
“Reform of housing benefit in the social sector is essential, so the taxpayer does not pay for people’s extra bedrooms. But we have ensured extra discretionary housing support is in place to help those who need it and today we have announced a further £35mn of funding to councils to aid residents.”