Bedroom Tax Rule Illegal in Parts by Supreme Court

The Supreme Court in London has ruled parts of the bedroom tax, or spare room subsidy, in housing benefits law as illegal. The ruling covers two different types of discrimination claim: those based on disability with a need for an extra or spare room and then sanctuary housing with the need being more to stay in sanctuary accommodation for victims of domestic abuse.
The Court held it was unreasonable for the regulations to treat differently adults and children who each had a need for a separate room, or spare room for a carer.
But in other cases, eg a spare room used for storage, it was reasonable for the regulations to deal with them individually by way of discretionary housing payments (DHP).
By a majority the Court decided it was not discriminatory for a victim of domestic abuse in sanctuary scheme accommodation to be subject to the DHP scheme, as their needs were not related to property size.
See R, MA, Rutherford & Otrs v Sec. of State Work & Pensions [2016] UKSC 58, 09/Nov/16.
Eamon McNicholas
Tax Barrister, Accountant

About Eamon McNicholas

Tax Barrister, Accountant
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