The Court of Appeal has upheld an earlier High Court decision that the bedroom tax rules are not a breach of human rights for disabled adults.
The earlier High Court decision had accepted that the bedroom tax in relation to adults was discriminatory, but that this was objectively and reasonably justified and therefore lawful because discretionary payments are available to cover Housing Benefit losses as a result of the bedroom tax. as a result there was no breach of human rights.
Ugo Hayter from the law firm Leigh Day who is representing two people with disabilities who argue that their second bedroom is essential, said:
“We are extremely disappointed by this Judgment and we are baffled by the findings of the Court of Appeal.
“The Court recognised that our clients and thousands of disabled people across the UK had a need for accommodation not provided for by the new housing benefit rules, however the Court decided that disabled tenants should not have their housing needs met on an equivalent basis to their able bodied counterparts, just because they are disabled.
“Instead disabled tenants are being forced to rely on short term and discretionary payments.
“We are currently considering whether an appeal to the Supreme Court is possible. Our thoughts go out to the thousands of disabled tenants who continue to be faced with uncertainty, poverty and the risk of eviction.”
Anne McMurdie of Public Law Solicitors whose firm acts for three of the Appellants said:
“The Government has sought to make savings by targeting the most vulnerable in our society. On the Government’s own figures at least 440,000 disabled households will lose out under the new regulations.
“There is compelling and growing evidence of the terrible adverse impact on disabled tenants, having to make the dreadful choice between paying the rent and buying food or heating their homes.
“Disabled tenants are not asking for extra funds - they are asking for housing benefit to be paid at a level which meets their needs – for the same right as others. Discretionary payments are not the answer."?
For a summary of the case go to http://disabilityrightsuk.org/news/2013/july/ma-and-ors
For more on this story see http://www.leighday.co.uk/News/2014/February-2014/Bedroom-Tax-challenges-to-continue-following-Cou