A charity is hailing a “tremendous victory” for the rights of disabled people and their children after the Court of Appeal (CoA) today ruled that the size criteria in the housing benefit regulations discriminate against disabled people.
The CoA said the regs were discriminatory, because they do not allow for an additional room to be paid for where a disabled person has a carer, or where two children cannot share a room because of disability.
In his judgment, Mr Justice Henderson said: “I am satisfied that maintenance of the single bedroom rules is not a fair or proportionate response to the discrimination which has been established in cases of the present type, and that the defence of justification therefore fails.”
The court ruled on three separate cases – considered together – in the private rented sector. That of Ian Burnip who has carers 24 hours a day to help him as he is severely disabled. He only got housing benefit for a one bedroom flat, as that was all he was entitled to at the time, but needed a second bedroom for his carers to sleep in overnight.
15th May 2012