Supreme Court Upholds Claim Of Disabled Jacqueline Carmichael And Carers Paul And Susan Rutherford Against "Unfair" Policy

Two families who claimed that the bedroom tax, which restricts payment of housing benefits to those deemed to have a spare bedroom, was unfair have won their appeals against the government at the Supreme Court.

The panel upheld the claim of Jacqueline Carmichael, who is disabled and unable to share a bedroom with her husband, as well as the claim by Paul and Susan Rutherford, who care for their 17-year-old severely disabled grandson in an adapted three-bedroom bungalow in Pembrokeshire.

Since April 2013, housing benefit for people in rented social housing has been reduced by 14 per cent if they are deemed to have a spare bedroom or 25 per cent if they are deemed to have two or more – something lawyers for the claimants said discriminated against the disabled because they were subject to the same regulations as those without disability.

Expert Opinion

“Anyone who has a ‘spare bedroom’ is affected by the bedroom tax but the reality for many disabled people is that the bedroom isn’t spare at all but simply used for another purpose, such as accommodation for an overnight or respite carer.

“Today’s decision by the Supreme Court is a victory for common sense for those whose disabilities require them to have an extra bedroom. We would now urge the Government to rethink the bedroom tax so that victims of domestic violence housed for their own protection, are also no longer penalised by this one-size-fits all policy.” Fiona McGhie - Partner