'Bedroom tax' declared 'unlawful' by Court of Appeal

The Government’s ‘bedroom tax’ policy, which reduces housing benefit for social housing tenants, has been declared ‘unlawful’ by the Court of Appeal due to its impact on vulnerable individuals.

Grandparents of a severely disabled teenager argued that a spare room in their Pembrokeshire home was essential, as it was used by care workers who look after Warren, aged 15, overnight.

The couple faced a cut in housing benefit since they were deemed to be ‘under-occupying’ the additional room, which was classified as spare.

Mr Rutherford, of Clunderwen, said: "It was just so unfair, somebody had to do something to get the law changed, or the situation changed.

"We're all saving the Government millions of pounds between us and we need looking after and helping, rather than penalising us."

Mr and Mrs Rutherford's appeal focused on the impact of the policy on disabled children needing overnight care.

The judges allowed the appeal, on the grounds that the ‘admitted discrimination has not been justified by the Secretary of State.’

The housing benefit changes were introduced in April 2013. The Government introduced the spare bedroom subsidy to encourage people to move to smaller properties, to potentially save approximately £480m a year from the Housing Benefit Bill.

Since its introduction, families claiming housing benefit have been assessed for the number of bedrooms they need. Families deemed by their local authorities to have too much living space have received reduced payments.

Beatrice Barleon, policy manager at the learning disability charity Mencap, said: “We welcome the Court of Appeal’s decision.

"The removal of the spare bedroom subsidy, also known as the ‘Bedroom Tax,’ is another example of the Government failing to take into account the specific needs of disabled people.

"Many people with a learning disability have additional physical and health needs and need extra rooms for equipment or for support workers who are essential to maintain their health and safety.

"Disabled people were hit by £18bn worth of cuts in the last Parliament, and this Government is continuing to take away the support disabled people rely on to maintain their health and access their community.

"We urge the Government to listen to this ruling and accept that this policy is discriminating against disabled people, at a time when their support is being taken away from all angles with cuts to social care and benefits."

Papworth Trust has also welcomed the Court of Appeal ruling. The disability charity has been campaigning since 2013 for a fairer system for disabled people with regards to the spare room subsidy.

Vicky McDermott, chief executive of Papworth Trust, said: "Ensuring disabled people do not lose out under the ‘bedroom tax’ policy has long been a priority for Papworth Trust.

"We have worked closely with concerned families, like the Rutherford’s, and have seen first-hand the worry and angst this has caused.

"We heard from families who were considering downsizing, even though it would mean their quality of life would drastically suffer, while others saw their spare room as a crucial lifeline to sleep carers or house disability equipment like wheelchairs and hoists.

"So we are delighted with the Court of Appeal ruling and how it will directly help disabled youngsters and their families in the future."

The charity’s research found that nine in ten people living with disabilities were being forced to cut back on food or pay household bills, after being refused emergency housing payments to help them pay the spare room subsidy.

Richard Kramer, deputy chief executive at Sense, said: "This judgement is a great victory for many families whose children have complex needs and require overnight care. We’ve been arguing for a considerable amount of time that it is not logical to allow a spare room for overnight carers for adults and not permit the same for children.

"Many families who raise children with complex needs already live in poverty. We know from the families we support that the bedroom tax can place more strain on already stretched resources. Parents tell us that they need extra space to store disability-related equipment or to accommodate carers. This is not a case of 'under-occupying' a property, it is a necessity.

Today we are calling on the Government to reconsider their opposition to this judgement. Instead of penalising families, it is essential that they do everything possible to support the families who look after disabled children with complex needs."

The Department for Work and Pensions (DWP) said the Government will appeal at the Supreme Court against the ruling.

A spokesperson for the DWP said: "We have already been granted permission to appeal to the Supreme Court. We know there will be people who need extra support.

"That is why we are giving local authorities over £870m in extra funding over the next five years to help ensure people in difficult situations like these don't lose out."

The case is now due to be decided in the Supreme Court.