Bedroom tax appeal judgment
Vigil outside Royal Courts of Justice: 9.15am Friday 21 February
Disabled people and supporters will gather outside the Royal Courts of Justice on Friday morning as the Court of Appeal delivers its judgment in the ‘bedroom tax’ legal challenge.
Under new Housing Benefit rules introduced in 1 April 2013, persons deemed to have 1 spare bedroom have had their housing benefit reduced by 14% and persons deemed to have 2, or more, spare bedrooms have had their housing benefit reduced by 25%. This bedroom tax or ‘removal of spare room subsidy’ as the government prefers to call it, has had a devastating impact with two thirds of those households affected containing a disabled person.
Last year 10 claimants represented by 3 law firms, argued the new rules discriminate against disabled people. In July 2013 the High Court accepted that they are discriminatory, however decided that the discrimination was justified and therefore lawful in cases concerning disabled adults, although not in cases of disabled children unable to share a bedroom because of their impairments.
Lawyers for disabled adults went to the Court of Appeal, arguing that the discriminatory impact of the measure on disabled people cannot be justified and is unlawful. Lawyers for disabled children and their families also appealed the earlier ruling because the Government has failed to provide a date by which it will implement the high court judgment meanwhile despite the judgement families with disabled children who cannot share rooms because of their impairments are still subject to the bedroom tax.
Evidence of the injustice of the bedroom tax is widespread with families falling into arrears and at threat of eviction. A report by the Papworth trust found that 1 in 3 disabled people hit by the bedroom tax have been refused the Discretionary Housing Payment so far and of those, 9 in 10 disabled people are cutting back on food or bills. There has been at least one suicide as a direct consequence of the distress caused by the new Housing Benefit regulations.
Grassroots campaigns have presented consistent opposition to the hated tax. In April last year a group of disabled activists and supporters from DPAC and UKUncut travelled to Iain Duncan Smith’s mansion in Buckinghamshire to present an under-occupation eviction notice and enjoy an uninvited picnic in his extensive grounds. There have been a series of legal rulings highlighting the unfairness of this poorly thought out and unworkable measure.
We say that no one should have to move and the answer is to build more social housing. A legal victory against this rotten policy would highlight how unworkable and unfair the government’s so-called welfare reforms really are.
The vigil has been called by the Anti Bedroom Tax Federation and Disabled People Against Cuts.
The judgment is due to be given in court room 72 at 9.55am.
Notes for editors
1) Two thirds of the people affected by the bedroom tax nationally (around 420,000 out of 660,000) are disabled people
2) The challenge against the government was brought by 10 families through a three day hearing from 15 to 18 May: https://www.leighday.co.uk/News/2013/May-2013/Bedroom-Tax-Challenge-at-the-High-Court-(1)
3) Aragon Housing published a report on the first 100 days of the bedroom tax that evidences the disproportionate impact on disabled people as many other issues that make it unworkable
4) In December it emerged that a loophole had been identified whereby anyone receiving Housing Benefit continuously since before 1996 should be exempt and in January the government had to publish official guidance acknowledging this. A recent Upper Tribunal ruling that defined the term ‘bedroom’ using the plain dictionary meaning also implications for implementation of the bedroom tax.
5) Disabled People Against Cuts is a national campaign led by disabled people, set up to oppose the government’s attacks being carried out in the name of welfare reform. For more information see https://www.dpac.uk.net
6) The Anti-Bedroom Tax and Benefit Justice Federation is a federation of anti bedroom tax and benefit justice campaigns across England and Wales. We were formed in May 2013 shortly after the launch of the Scotland Anti Bedroom Tax Federation. For more information see: https://www.antibedroomtax.org.uk