Court of Appeal begins hearing 'bedroom tax' challenge

The Court of Appeal is this week hearing a challenge to the Government’s implementation of new housing benefit regulations.

The changes, brought in on 1 April 2013, meant that those in the social rented sector with one spare bedroom had their housing benefit cut by 14%. Those with two or more spare bedrooms had it reduced by 25%.

In July 2013 the High Court ruled that the changes were discriminatory against people with disabilities but said the discrimination in relation to adults was justified.

Lord Justice Laws and Mr Justice Cranston said the discrimination was unlawful in relation to disabled children who were unable to share a bedroom because of their disabilities.

The Government has since introduced new regulations to exempt households from the so-called ‘bedroom tax’ where children cannot share a room.

The case on behalf of adults with disabilities has now been taken to the Court of Appeal by two law firms, Leigh Day and Public Law Solicitors.

The hearing started yesterday (20 January) and is expected to last three days.

Ugo Hayter from Leigh Day said: “We are very confident that the Court of Appeal will see that the decision to implement this legislation by the Government was clearly discriminatory and will overturn last year’s ruling by the High Court.

“It is a cruel and deeply disturbing benefit cut which hits the most vulnerable in society.”

Anne McMurdie from Public Law Solicitors said: “This case is about fairness. It is about disabled people being paid housing benefit to meet the size and type of accommodation they need because of their disabilities and not being financially penalised because they are disabled.”

She warned that the measures, if upheld, would result in disabled people falling into debt and being at risk of eviction and homelessness.