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Disabled people challenge bedroom tax at supreme court | Disabled people challenge bedroom tax at supreme court |
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The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable. | The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable. |
The five cases at the centre of the proceedings on Monday relate to people who have so far lost their cases at both the high court and court of appeal. | The five cases at the centre of the proceedings on Monday relate to people who have so far lost their cases at both the high court and court of appeal. |
Related: What’s pushing Charlotte and Jayson over the edge? £12 a week bedroom tax | Frances Ryan | Related: What’s pushing Charlotte and Jayson over the edge? £12 a week bedroom tax | Frances Ryan |
One challenge is that of Charlotte Carmichael, who has spina bifida. She lives with her husband in a two-bedroom housing association flat in Stockport, Greater Manchester. Her condition means she has to sleep in a fixed position in a hospital bed with an electronic pressure mattress. There is not enough space for a second bed so her husband sleeps in a separate bedroom. | One challenge is that of Charlotte Carmichael, who has spina bifida. She lives with her husband in a two-bedroom housing association flat in Stockport, Greater Manchester. Her condition means she has to sleep in a fixed position in a hospital bed with an electronic pressure mattress. There is not enough space for a second bed so her husband sleeps in a separate bedroom. |
When the new regulations were introduced the couple had their housing benefit reduced by 14%. | When the new regulations were introduced the couple had their housing benefit reduced by 14%. |
Another appellant is widower Richard Rourke, from Derbyshire, who uses a wheelchair. He is a council tenant and lives in a three-bedroom bungalow. His disabled stepdaughter used to live with him outside of university term times. | Another appellant is widower Richard Rourke, from Derbyshire, who uses a wheelchair. He is a council tenant and lives in a three-bedroom bungalow. His disabled stepdaughter used to live with him outside of university term times. |
Rourke uses the third bedroom, which is a box room, to store his equipment, including a hoist for lifting him, his power chair and shower seat. | Rourke uses the third bedroom, which is a box room, to store his equipment, including a hoist for lifting him, his power chair and shower seat. |
His lawyers say he previously inquired in the social rented sector about the availability of two-bedroom properties, but none were suitable for wheelchair use, and there were no suitably adapted properties in the private sector. He has had his housing benefit reduced by 25%. | His lawyers say he previously inquired in the social rented sector about the availability of two-bedroom properties, but none were suitable for wheelchair use, and there were no suitably adapted properties in the private sector. He has had his housing benefit reduced by 25%. |
Solicitor Ugo Hayter of law firm Leigh Day, who acts for Carmichael and Rourke, said: “My clients are looking to the supreme court to recognise and bring to an end the awful hardship they, and many other disabled people nationally, have been subjected to since the introduction of the bedroom tax.” | Solicitor Ugo Hayter of law firm Leigh Day, who acts for Carmichael and Rourke, said: “My clients are looking to the supreme court to recognise and bring to an end the awful hardship they, and many other disabled people nationally, have been subjected to since the introduction of the bedroom tax.” |
James Daly, from Stoke, has a severely disabled 13-year-old son. He and his ex-partner share the boy’s care. Daly occupies a two-bedroom, ground floor flat which has level access throughout. | James Daly, from Stoke, has a severely disabled 13-year-old son. He and his ex-partner share the boy’s care. Daly occupies a two-bedroom, ground floor flat which has level access throughout. |
He is now deemed to be over-occupying his property by one bedroom - his son’s room. Lawyers say Daly is now in work, “but he knows that if he were to be unemployed again he would be refused full housing benefit again if the current scheme remains in place”. | He is now deemed to be over-occupying his property by one bedroom - his son’s room. Lawyers say Daly is now in work, “but he knows that if he were to be unemployed again he would be refused full housing benefit again if the current scheme remains in place”. |
Mervyn Drage, from Manchester, occupies a three-bedroom flat in a high-rise tower block, and has lived there for 19 years. He suffers from mental health problems, and various physical problems. | Mervyn Drage, from Manchester, occupies a three-bedroom flat in a high-rise tower block, and has lived there for 19 years. He suffers from mental health problems, and various physical problems. |
His legal team say his conditions are exacerbated by stress, anxiety and changes to routine, and he is “very anxious about the prospect of having to move if his full housing benefit entitlement is not reinstated”. | His legal team say his conditions are exacerbated by stress, anxiety and changes to routine, and he is “very anxious about the prospect of having to move if his full housing benefit entitlement is not reinstated”. |
They say he has been reliant on discretionary payments from his local council to make up the shortfall, but that “these ran out at the beginning of February” and he is “waiting to hear if his application for a further award will be granted”. | They say he has been reliant on discretionary payments from his local council to make up the shortfall, but that “these ran out at the beginning of February” and he is “waiting to hear if his application for a further award will be granted”. |
“I am settled in my flat. All the support services I rely on are nearby. I feel safe living here,’ said Drage. “I am living on a knife edge. The amount of money they want from me may be small, but it is too much for me. I am being squeezed from pillar to post.” | “I am settled in my flat. All the support services I rely on are nearby. I feel safe living here,’ said Drage. “I am living on a knife edge. The amount of money they want from me may be small, but it is too much for me. I am being squeezed from pillar to post.” |
Karen Ashton, from the Central England Law Centre, which represents Daly, Drage and an appellant “JD”, who has anonymity to protect the identity of her severely disabled daughter, commented: “This case is about fairness. It is about disabled people being entitled to be paid sufficient housing benefit for the size and type of accommodation they need because of their disabilities and not being penalised because they are disabled.” | Karen Ashton, from the Central England Law Centre, which represents Daly, Drage and an appellant “JD”, who has anonymity to protect the identity of her severely disabled daughter, commented: “This case is about fairness. It is about disabled people being entitled to be paid sufficient housing benefit for the size and type of accommodation they need because of their disabilities and not being penalised because they are disabled.” |
Paul and Susan Rutherford, from Pembrokeshire, who won their case at the court of appeal – a ruling being challenged by the government at the supreme court – care for their severely disabled grandson, Warren, in a specially adapted three-bedroom bungalow. | Paul and Susan Rutherford, from Pembrokeshire, who won their case at the court of appeal – a ruling being challenged by the government at the supreme court – care for their severely disabled grandson, Warren, in a specially adapted three-bedroom bungalow. |
They can only care for Warren with the help of paid carers who regularly stay overnight. | They can only care for Warren with the help of paid carers who regularly stay overnight. |
Lawyers say the current regulations allow for an additional bedroom if a disabled adult requires overnight care but not for a disabled child in the same situation. | Lawyers say the current regulations allow for an additional bedroom if a disabled adult requires overnight care but not for a disabled child in the same situation. |
The discretionary payments to cover their shortfall in rent run out next month, and their legal team says there is no guarantee they will continue. | The discretionary payments to cover their shortfall in rent run out next month, and their legal team says there is no guarantee they will continue. |
Solicitor Mike Spencer of the Child Poverty Action Group, who represents the Rutherfords, said: “We hope the supreme court will uphold the judgment of the court of appeal and grant them the security they need to stay in their home.” | Solicitor Mike Spencer of the Child Poverty Action Group, who represents the Rutherfords, said: “We hope the supreme court will uphold the judgment of the court of appeal and grant them the security they need to stay in their home.” |
A Department of Work and Pensions spokesman said: “Removing the spare room subsidy has restored fairness to the system for claimants as well as the taxpayer, and the numbers subject to a reduction are falling. | |
“We know that there are cases where people may need extra support – but rather than put in place complex exemptions, we have given local councils the freedom to decide what is best for their communities. | |
“That’s why we have given councils £500m of funding to provide discretionary payments to those that need them, with a further £870m to be provided up to 2020.” |