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MyLegal :: Talk about legal advice :: News and info from the front line :: DWP appeals housing benefit rules for disabled?
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 AuthorTopic: DWP appeals housing benefit rules for disabled? (Read 821 times)
nickd
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 DWP appeals housing benefit rules for disabled?
« Thread Started on Jun 8, 2012, 10:59pm »

DWP set to overturn special Housing Benefit
rules for disabled




[image]



The 2 bedroom rule is to protect disabled claimants who have carers to stay - now DWP wants to overturn it!


From an Inside Housing article


DWP appealing over bedroom tax ruling
8 June 2012 | By Carl Brown

The government is trying to overturn a court ruling that could force changes to the controversial bedroom tax policy.

A Court of Appeal ruling last month found that housing benefit rules discriminate against disabled people. The Housing Benefit Regulations 2006, which restrict housing benefit for private renters according to property size, were found to be discriminatory because they do not allow benefit for an extra room where two children cannot share because of disabilities.

The ruling may mean the Department for Work and Pensions has to alter its controversial bedroom tax policy. The policy will see housing benefit cut for underoccupying social housing tenants of working age.

The DWP has today confirmed it is seeking to overturn the decision.

A spokesperson for the DWP said: ‘We have made an application for permission to appeal to the Court of Appeal and a response from the court is awaited.’

If the Court of Appeal refuses permission for the appeal, the DWP will be left with the choice of appealing to the Supreme Court, altering the bedroom tax regulations or making more funding available to remove the discrimination.

http://www.insidehousing.co.uk/dwp-appea....6522249.article
« Last Edit: Jun 8, 2012, 11:00pm by nickd »Link to Post - Back to Top  IP: Logged


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nickd
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 Re: DWP appeals housing benefit rules for disabled
« Reply #1 on Jun 19, 2012, 7:35am »

Thanks to Legal Aware for this further information on what the authorities are seeking to overturn. Note that the law was changed in April 2011 to allow carers to stay overnight to look after the disabled; there is a judgement reference to this here http://www.insidehousing.co.uk/need-to-k....6522084.article . The current issue relates to disabled children sharing & rooms. Will post more on this later. Grateful to Legal Aware for flagging this up.
« Last Edit: Jun 19, 2012, 7:37am by nickd »Link to Post - Back to Top  IP: Logged


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