The Secretary of State for Work and Pensions explains why the DWP rejected the Social Security Advisory Committee’s (SSAC) recommendations on size criteria (bedroom tax) exemptions for disabled children.
The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 were introduced following the outcome of the Burnip case. The regulations extend protection from the Housing Benefits Size Criteria, the so-called 'bedroom tax', but only to households where a child is receiving the middle or higher rate care component of Disability Living Allowance. The SSAC wanted a wider definition which included more disabled children.
The Secretary of State claims that this was out side the scope of the Burnip, case, which stated:
“…there is no question of a general exception from the normal bedroom test for disabled people of all kinds. The exception is sought for only a very limited category of claimants, namely those whose disability is so severe that an extra bedroom is needed for a carer to sleep in (or, in cases like that of Mr Gorry, where separate bedrooms are needed for children who, in the absence of disability, could reasonably be expected to share a single room). ”
The Secretary of State said:
“The Committee’s report has sought to extend the scope of the policy beyond this narrow consideration. We do not accept this approach. Discretionary Housing Payments are available to support vulnerable groups affected by the size criteria. The High Court judgment on the judicial reviews brought in relation to a group of disabled claimants affected by the size criteria, in MA and others, held that Discretionary Housing Payments constitute a proportionate approach to the difficulties suffered by such persons.
The Committee’s report considers benefit families claiming benefit in isolation. The Government has a responsibility to take a broader consideration, including reference to taxpayers who fund Housing Benefit, and working families who themselves are coping with the care needs of disabled children. The Government believes that people should not be better off on benefits than in work. The policy response that is enabled through these regulations provides a proportionate and fair solution that meets the requirements of the court.”
Disability Rights UK’s recommendation was the same as the SSAC’s. You can view our response to Government’s regulations at http://disabilityrightsuk.org/news/2013/november/bedroom-tax-law-fails-disabled-children
You can view the DWP response at http://www.official-documents.gov.uk/document/other/9780108560064/9780108560064.asp