Disability Rights Supreme Court bedroom tax winners taken back to court again
WHEN Jayson and Charlotte Carmichael received the unanimous Supreme Court ruling that the bedroom tax, in their case, contravened their human rights, they thought this was an end to their mammoth four-year battle.
It was a fight the Carmichaels felt they had to undertake, as the two bedrooms they have are both in use.
Charlotte’s disability and the equipment she requires for sleeping means it’s impossible for Jayson to share a bedroom with her.
The bedroom tax is a direct charge against her disability. There is no “spare room” but the blunt tool that is the bedroom tax disregards their individual needs and as a result the Supreme Court found it was contravening their human rights.
However, the vindictive Department for Work and Pensions (DWP) is now taking a ruling in the Carmichaels’ favour from the First Tier Tribunal in 2014 to the Court of Appeal on February 20 and 21, arguing that the tribunal shouldn’t have used the Human Rights Act in its judgement.
This tribunal in 2014 said: “There was no objective and reasonable justification for such discrimination in dealing with such a seriously disabled person regarding their housing benefit.
“Accordingly the appealed decision is set aside and Section 4 (1) Human Rights Legislation 13 (b) (5) so as to avoid discrimination in the matter of housing benefit to this discrete group of disabled persons.”
The local council obeyed the ruling and the Carmichaels were not charged the bedroom tax.
This is what the DWP argument is about: bizarrely Jayson and Charlotte are being taken to court because the council obeyed the ruling of the First Tier Tribunal, which used the Human Rights Act in its ruling.
It feels like the bloody nose the DWP received as a result of the Supreme Court rulings has meant it is now trawling through the Carmichaels’ case, desperately searching for something it can try to use against them.
Is this really the best use of the court’s time and public money when Jayson and Charlotte’s case is so clear-cut?
It will make it five years that they have been fighting the government, which adds an enormous amount of stress on to a couple who are already dealing with a progressive disability with all the cost and additional pressure this entails.
However, this doesn’t mean the Carmichaels are ready to give up and roll over, as they firmly believe that their fight against this discriminatory tax is not just for them, but for the many others who find themselves in a similar situation.
Jayson says: “We’re stressed by the fact they are still continuing to use the bedroom tax to take us to court, despite the historic win in the Supreme Court when we made legal history.
“We have an excellent legal team, but it still is disappointing that the government and their top lawyers have been able to take us to court on something that no longer has much to do with our personal circumstances.
“It’s as if we are trapped in a legal technicality. The outcome means so much for others, that’s the one thing that keeps us going. The Human Rights Act is there and people should be able to access it whenever it is applicable — something this government is now trying to stop.”
Of course, ideally the bedroom tax would be abolished — something Labour has already pledged to do when elected. This is because the bedroom tax is discriminatory at its core.
What has also become clear from Jayson and Charlotte Carmichael, and that of the Rutherford family as well as other high-profile cases, is that this tax hits those with the most serious disabilities particularly hard, despite what the government might try to claim.
Theresa May’s recent reshuffle has put Esther McVey in charge of the DWP. She was a minister in the DWP with Iain Duncan Smith from 2013 to 2015, implementing some of the cruellest and most draconian “reforms,” including the bedroom tax.
By putting her in charge of the DWP it sends a message that there is more pain ahead for the increasingly large section of the population hit by the changes made to welfare benefits.
It makes it imperative for those wanting a fair society for all to take the lead from campaigners like Jayson and Charlotte, and do all we can to fight against these attacks on disabled people.
Ruth F Hunt is author of The Single Feather (Pilrig Press).
We are facing a 14% bedroom tax @ nearly £30 next year when our kid leaves home. We moved to this bungalow because my wife is now in a wheelchair full time and there are no one bedroom bungalows out there. Why are we going to be penalised when people are in private rented houses that cost far more than our little bungalow get 100% housing benefit is it the rich Tory landlords happy to keep on taking by any chance?
Very stressful situation and this tax on the sick and disabled seems to be forgotten about.
Cut and Pasted – This ladies friend is on JS and often forced onto the same courses now she also has to go on more courses for Leeds council otherwise they will withdraw her council tax benefit/support !!! https://www.facebook.com/photo.php?fbid=10211247645447820&set=gm.1425084207619532&type=3 …
We pay the bedroom tax but when I tell people that we have to pay 24% of our rent they nearly all say that they thought the bedroom tax had been stopped. It seems like we’re the invisible minority in a catch 22 situation. We have lived in our home for over 30 years we were homeless at the time so we had to move into our 3 bedroom council house. It’s situated about 2 miles from the nearest town, down hill but up hill all the way back, and there’s no public transport. Our house had been empty for a long time before we were given it, I think due to the lack of amenities. When the bedroom tax came in a council housing officer called to explain about it and at that time she also said that the council didn’t have an alternative home to give us, because we had already decided we wanted to stay put she offered to help us with a budget plan. Luckily we were given a rebate because of the amount of time we had been living in the property, it was a mishap by the DWP, so we left half of it in credit for times when we may miss a week and we haven’t used it up so our council give us free weeks for being in the black but we keep paying so the credit stays up. We don’t have sky, holidays or any smartphones, we have basic stuff that is good enough for us, we have got a roof over our heads and no dents and we’re ok but we are luckier than people with kids or single in a similar situation. It needs to get more publicity as there’s a lot of people suffering and getting into debt because of it, show that they haven’t been forgotten.
Hi, have you thought about appealing? There are many reasons to appeal. Join the STOP bedroom tax on Facebook, and we can try to help you.
Jason Carmicheal in the above article is a member
I don’t use FB.
I’ve mental Health & physical Health problems.
I’m in a 2 bedroom house, possibly around 20 years.
I couldn’t possibly share my house with a stranger.
Sometimes i wake & don’t know who people are, imagin waking up to a complete stranger, I’m sure I’d flip. But not in a good way. & that’s me talking nice.
Why should i down size. I didn’t ask them to flood the UK with people, Then make us to pay for it.