District council concedes claim over council tax reduction scheme

The case was brought by Lynn and David Bleakley over Three Rivers’ scheme for calculating council tax liability, which they argued unlawfully discriminated against disabled applicants.

In 2025 the couple were moved from Employment and Support Allowance to its replacement, Universal Credit.

Their income did not change and part of their new award was made up of ‘transitional protection’ to keep their income stable.

They argued that Three Rivers wrongly treated the transitional protection as surplus income and so they were required to pay more than £1,500 per year, when they should have remained exempt.

Law firm Bindmans, which acted for the Bleakleys, said this was discriminatory, and unjustified as neither their income nor needs had changed, and added that Three Rivers conceded the claim before a final hearing.

Bindmans solicitor Emma Pein said local authorities would now have to disregard transitional protection payments.

Ms Pein said: “All local authorities must take account of this important court order which will benefit disabled people across the country”

The High Court order said: “In these circumstances, to include the claimants’ transitional protection element of Universal Credit as income when calculating their council tax liability under the Scheme, is discriminatory, and unlawful, contrary to sections 15 and 29 of the Equality Act 2010, and section 6 of the Human Rights Act 1998.” Three Rivers must pay the couple £5,000, the order stated.

Mark Smulian