Jayson Carmichael, the husband of one of the disabled people currently challenging the ‘Bedroom Tax’ in judicial review proceedings, has been successful in appealing his local authority's decision to reduce his housing benefit award as a result of the under-occupancy rules.
Jayson Carmichael lives with his wife Jacqueline Carmichael in a two-bedroom adapted flat in Sefton. Jacqueline Carmichael has spina bifida and as a result of her related health problems is unable to share a bedroom with her husband. Mr Carmichael therefore must sleep in the second bedroom.
Despite the couple's clear need for a two-bedroom property, since March 2013 the Carmichael's have had their housing benefit award reduced by 14%.
On hearing the stark facts of the Carmichael's case earlier this month at a Tribunal hearing in Liverpool, the Judge has made a finding that the Carmichaels are entitled to two bedrooms and that the bedroom tax should not have been imposed.
However, in contrast to the Tribunal Judge's decision, the Court of Appeal judges recently found that although the under-occupancy Rules were discriminatory, for disabled adults the discrimination was justified and therefore lawful.
Jacqueline Carmichael recently applied for permission to appeal to the Supreme Court, she awaits a decision on permission.
Her position remains that her and her husband's situation is indistinguishable from that of the disabled children, who because of their disabilities are unable to share a bedroom with another child, now exempted from the under-occupancy rules following an earlier Court of Appeal ruling.
Ugo Hayter from the law firm Leigh Day who is representing the couple said:
“The Carmichaels are delighted and relieved by the Tribunal's common sense ruling. However, my clients understand that it is likely that the DWP will appeal this decision and consequently they will have no choice but to proceed with their judicial review challenge”.
Source: http://www.leighday.co.uk/News/2014/April-2014/Bedroom-Tax,-housing-benefit-appeal-victory
See also Bedroom tax human rights appeal fails @
http://disabilityrightsuk.org/news/2014/february/bedroom-tax-human-rights-appeal-fails
For more information on the bedroom tax see Factsheet F57 - the bedroom tax