Court of Appeal rules “bedroom tax” is discriminatory and unlawful

The Court of Appeal has ruled that the reduction in housing support for people with more than a certain number of bedrooms – dubbed the “bedroom tax” – amounts to unlawful discrimination.

The removal in 2013 of what the government calls the “spare room subsidy” cuts benefits for social housing tenants with a spare room.

The decision follows a legal challenge against the government by a domestic violence victim and the family of a disabled teenager. The court found the policy’s impact on disabled children was contrary to the European Convention on Human Rights.

One of the two successful appeals was brought by a woman identified as ‘A’ who had been a victim of domestic violence. Her home has been specially adapted to include a panic room. Her lawyers claimed the policy discriminated against her because she would have to leave a room that had been adapted for her safety. 

The second successful appeal was brought by Paul and Susan Rutherford on behalf of their severely disabled grandson Warren.
The couple have a room that is used for overnight carers and storing specialist medical equipment.

The Department for Work and Pensions said it would appeal the decision in the Supreme Court.

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