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Bedroom tax: ministers given 14 days to make case against judicial review Bedroom tax: ministers given 14 days to make case against judicial review
(7 months later)
A high court judge has given the work and pensions secretary 14 days to show why there should not be a judicial review of the government's "spare bedroom tax", amid concerns that disabled people will be disproportionately affected by the change in benefit rules.A high court judge has given the work and pensions secretary 14 days to show why there should not be a judicial review of the government's "spare bedroom tax", amid concerns that disabled people will be disproportionately affected by the change in benefit rules.
A legal challenge against the benefit reduction has been launched against Iain Duncan Smith on behalf of 10 disabled and vulnerable children.A legal challenge against the benefit reduction has been launched against Iain Duncan Smith on behalf of 10 disabled and vulnerable children.
The claimants were hoping for a judicial review to take place before the tax comes into effect on 1 April but in the high court on Tuesday, Mr Justice Mitting said that was too short a timescale.The claimants were hoping for a judicial review to take place before the tax comes into effect on 1 April but in the high court on Tuesday, Mr Justice Mitting said that was too short a timescale.
However, he indicated that if, after hearing the Department for Work and Pensions' grounds against the challenge, he was satisfied that the judicial review should go ahead, a full hearing could take place in early May.However, he indicated that if, after hearing the Department for Work and Pensions' grounds against the challenge, he was satisfied that the judicial review should go ahead, a full hearing could take place in early May.
At Tuesday's hearing, Edward Brown, representing Duncan Smith, argued the claimants could obtain relief through the £30m discretionary fund provided by the government to local authorities.At Tuesday's hearing, Edward Brown, representing Duncan Smith, argued the claimants could obtain relief through the £30m discretionary fund provided by the government to local authorities.
But Mitting, who said the case raises "significant questions of constitutional law", suggested the fund might not be deep enough – the National Housing Federation has suggested it is £100m short – adding: "It is deeply unsatisfactory to set out a set of very clear rules and then say in individual cases you may have to depart from them."But Mitting, who said the case raises "significant questions of constitutional law", suggested the fund might not be deep enough – the National Housing Federation has suggested it is £100m short – adding: "It is deeply unsatisfactory to set out a set of very clear rules and then say in individual cases you may have to depart from them."
The challenge has been launched by 22 claimants – 10 children, seven parents and five other adults.The challenge has been launched by 22 claimants – 10 children, seven parents and five other adults.
Under the new rules, housing benefit will only be payable on the basis that children under 16 of the same gender will share a room, and children under 10 will share a room regardless of their gender.Under the new rules, housing benefit will only be payable on the basis that children under 16 of the same gender will share a room, and children under 10 will share a room regardless of their gender.
All 10 of the children in the claims fall into one of the categories and are expected to share a bedroom with siblings.All 10 of the children in the claims fall into one of the categories and are expected to share a bedroom with siblings.
However, all have also been assessed as needing their own bedrooms – either due to disabilities, because they are at risk of violence from a sibling, or because of trauma experienced as a result of abuse and domestic violence.However, all have also been assessed as needing their own bedrooms – either due to disabilities, because they are at risk of violence from a sibling, or because of trauma experienced as a result of abuse and domestic violence.
The children include one who has Down's syndrome and three with autism. One boy has a rare and very severe genetic condition affecting the brain, Joubert syndrome.The children include one who has Down's syndrome and three with autism. One boy has a rare and very severe genetic condition affecting the brain, Joubert syndrome.
Four of the children have been settled in their current accommodation having fled serious domestic violence and abuse. The National Autistic Society and Contact a Family have submitted witness evidence in support of the challenge.Four of the children have been settled in their current accommodation having fled serious domestic violence and abuse. The National Autistic Society and Contact a Family have submitted witness evidence in support of the challenge.
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