IN A BLOW to the UK’s Conservative government and a victory for carers for the disabled, the High Court in London has decided that the bedroom tax is unfair and discriminatory against the disabled and their carers.
Susan and Paul Rutherford argued a spare room in their Pembrokeshire home was essential as it was used by carers who look after Warren, 15, overnight.
In a judgement which wholly rejects representations made by the Department for Work and Pensions, a panel of judges led by Lord Chief Justice Tomlinson found in favour of a Pembrokeshire couple who had brought the action.
The successful appeal against a lower Court’s decision was made by Paul and Susan Rutherford, acting as litigation friends for the grandson, Warren,
Warren is severely disabled but 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.
The Conservative Government has said it will appeal the decision, claiming that discretionary direct housing payments – future commitment to which is uncertain – are sufficient for the state to discharge its burden of care: an argument expressly rejected by the Court.
Simon Thomas AM told The Herald: “The bedroom tax is a cruel policy that has been widely discredited, and criticised by United Nations inspectors as being inhumane.”
Meanwhile, Rebecca Evans AM said: “I am delighted for the Rutherfords. Having visited them at home and discussed their situation I know how long and hard-fought this battle has been.”
At the time of preparing this article neither Conservative AMs nor Secretary of State for Wales had responded to requests for their responses to the Court’s decision.
Add Comment