High Court battle begins over housing benefit regulations and "bedroom tax"

The High Court has begun hearing the judicial review challenge over new housing benefit regulations that came into force on 1 April.

The new regulations reduce housing benefit for tenants who are assessed as under-occupying their accommodation. The change has been dubbed a “bedroom tax” by critics.

Over the next three days, the High Court will hear ten claims brought by a range of people. Three claimant firms are bringing the cases on their behalf: Leigh Day & Co; Hopkin Murray Beskine; and Public Law Solicitors.

The claimants will argue that the regulations discriminate against those who require larger accommodation for reasons relating to their disability.

The changes mean that those persons assessed to have one spare bedroom will see their housing benefit reduced by 14%. Where they are assessed to have two spare bedrooms, housing benefit will be cut by 25%.

The claimants argue that financial resources available through the Discretionary Housing Payment scheme are “simply not large enough to come close to meeting the needs of those affected”.

Ugo Hayter of Leigh Day said: “We hope that the court will rule that these regulations are discriminatory in that they completely fail to make any provision for those who need larger accommodation as a result of their or their family members’ disability. 

"We hope that the government will be made to amend these regulations and reverse the devastating consequences currently being experienced by thousands of people with disabilities around the country."

The Equality and Human Rights Commission, which is intervening in the case, will argue that the new regulations potentially breach the right of people not to be discriminated against in the enjoyment of their rights (Art. 14) and their right to a family life (Art. 8).

The EHRC also said it would advise the court on:

• the UK's duty to provide reasonable accommodation for people with a disability under international law, particularly the obligations under the United Nations Convention on the Rights of People with Disabilities. “This requires the government to take steps to abolish or modify laws that discriminate against disabled people”; and
• determining whether the Department for Work and Pensions had met the public sector equality duty. The EHRC said an equality impact assessment carried out by the DWP found overall 420,000 disabled tenants were likely to be affected, losing around £14 a week. “However, the assessment did not calculate how many of those affected need a second bedroom due to their disability or a family member's.”

Wendy Hewitt, the EHRC’s deputy director (legal), said: “A significant number of disabled people are affected by the proposed changes to housing benefit regulations and a higher proportion of these tenants are likely to be affected by the size criteria than non-disabled tenants.

“Safeguarding people in vulnerable situations is a Commission priority. It is important that we are able to help the court in its interpretation of equality discrimination law and human rights in this case.”