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Housing benefit legal challenge under way at High Court Disabled families at High Court in housing benefit challenge
(about 1 hour later)
A legal challenge against the government's decision to cut housing benefit for recipients living in properties deemed too large has begun. Disabled people and their families are challenging the government's decision to cut housing benefit for recipients living in properties deemed too large.
The move - dubbed a "bedroom tax" by critics - is being challenged at the High Court by a group of disabled people and their families. Lawyers for 10 families are at the High Court arguing the move - dubbed a "bedroom tax" by critics - will force them from their homes.
They say the changes discriminate against them because they need extra rooms to cope with their disability.They say the changes discriminate against them because they need extra rooms to cope with their disability.
Ministers say they are confident their changes are legal. Ministers say their changes are legal and bring back fairness to the system.
About 660,000 working-age social housing households judged to have too many bedrooms have lost an average of £14 per week since their benefit was cut at the beginning of April.About 660,000 working-age social housing households judged to have too many bedrooms have lost an average of £14 per week since their benefit was cut at the beginning of April.
Human rights and equality 'Desperately worried'
Ten families, all disabled or the parents of disabled children, are challenging the changes during a three-day hearing. The 10 families, all disabled or the parents of disabled children, are challenging the changes during a three-day hearing.
Their lawyers will argue that the benefit cut is discriminatory and violates both the Human Rights Act and Equality Act. In front of disabled protesters in the court, Martin Westgate QC, appearing for the families, told the judges: "Each of the claimants has a need, because of disability, to occupy accommodation larger than that which would be allowed to them under the size criteria."
They say discretionary payments the government has made available to help those most affected by the benefit cuts are insufficient. Outside court, BBC correspondent Michael Buchanan said Mr Westgate argued the properties had been given to the families by their own local authorities, who assessed them as "needing the spare bedrooms to live with their disability".
"My clients can't simply increase their hours of work, because of their children's needs," said one of the families' solicitors, Rebekah Carrier. One of the claimants, widower Richard Rourke, who uses a wheelchair, has had his housing benefit cut by 25% because he was deemed to have two spare rooms.
"They can't take in lodgers because they don't have a spare room." He says he has a disabled stepdaughter at university who stays in one of the rooms when she returns home, and that the second - a box room - is used for storing essential equipment including a hoist for him and a shower seat.
The judicial review is going ahead after the government lost an attempt to have the action thrown out last month. Lawyers for the 10 will argue that the benefit cut is discriminatory and violates both the Human Rights Act and Equality Act.
Described as a "bedroom tax" by its critics, there has been fierce political argument about the new housing benefit rules, which supporters say ends what they call a "spare room subsidy". They say the £25m the government has made available to help disabled people affected by the benefit cuts is insufficient.
The government says it wants to bring social housing tenants into line with provisions in the private sector. "My clients are disabled children and their families who don't have a spare room, said one of the families' solicitors, Rebekah Carrier.
"Many families up and down the country are, like my clients, desperately worried about losing their homes."
'Fairness'
The judicial review is going ahead after ministers lost an attempt to have the action thrown out last month.
Described as a "bedroom tax" by its critics, there has been fierce political argument about the new housing benefit rules, which supporters say withdraws a "spare room subsidy".
A spokesman for the Department of Work and Pensions, which is responsible for the changes, said: "We are confident that these measures are lawful and they do not discriminate against disabled claimants or those with shared care of children."
He said it was "only right" to bring back fairness to the system and pointed out there were "two million households on the social housing waiting list and over a quarter of a million tenants... living in overcrowded homes".
The department said it is giving councils £150m to help vulnerable residents with the benefit changes.
Intended to reduce a £21bn annual housing benefit bill, the measure is also aimed at encouraging greater mobility in the social rented sector.Intended to reduce a £21bn annual housing benefit bill, the measure is also aimed at encouraging greater mobility in the social rented sector.