SUPREME COURT Judges today (Nov 9) dismissed an appeal by the DWP against Paul and Sue Rutherford following an earlier ruling which found that the ‘bedroom tax’ was unfair and discriminated against the disabled and their carers.
Back in January, judges ruled that the Government’s stance on relying on local authorities providing discretionary support was not a substitute for the full protection afforded to them if the government complied with the provisions of UK law.
The Secretary of the Department of Work and Pensions lost no time in appealing this judgement to the Supreme Court, a decision Llanelli MP Nia Griffith described as ‘disgraceful’.
The Supreme Court Judges found in favour of the Rutherfords, who care for their severely disabled grandson Warren in a specially adapted home that includes a room for professional carers to stay in overnight. Warren, suffers from Potokoi-Shaffer Syndrome, a very rare genetic disorder which means he is unable to walk or talk, and needs 24 hour care by at least two people at all times.
The Conservatives’ bedroom tax meant that a bedroom used by overnight carers who look after him was counted as an additional bedroom whose presence in the family home was surplus to the family’s requirements.
Supreme Court Judges also found in favour of Jacqueline Carmichael, a Spina Bifida sufferer who lives with her husband in a two bedroom flat, but rejected several other cases.
A spokesman for the DWP said: “It is welcome that the court found in our favour in five out of the seven cases.
“The court also agreed with our view that Discretionary Housing Payments are generally an appropriate and lawful way to provide assistance to those who need extra help.
“In the two specific cases where the Court did not find in our favour, we will take steps to ensure we comply with the judgement in due course.”
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