Latest update: At the hearing on Tuesday 5 March, the judge gave DWP 14 days to make a case against the judicial review, saying it was too soon to have a full hearing before 1 April. However, if the case does goes ahead, there could be a full hearing in early May. Some of the judge’s comments were encouraging… we just need to wait to see what will happen next!
Next month, the Coalition Government’s welfare reform policies will start to bite; our fears will become reality. One of the first policies likely to cause significant hardship is the so-called bedroom tax, more properly known as the under-occupancy rules for housing benefit claimants in social housing, Regulation B13. We first wrote about this in October last year, when we published a Parliamentary briefing, by Sue McCafferty, to inform committee debates on the under-occupancy rules.
As April gets closer, many media reports have focused on the fundamental unfairness of this provision and the possible outcomes for individual families, disabled people, children and social landlords. Opposition MP’s have spearheaded debates in which they have given numerous accounts of the reality of their constituents’ lives and what will happen when Regulation B13 comes into force.
There are strong legal arguments, on human rights and equality grounds, against the application of Regulation B13 to disabled people, so we have been determined to challenge it in the courts; we identified two disabled claimants whose circumstances make them suitable to take the case.
On Friday 1 March, Leigh Day solicitors issued an application for judicial review against the Secretary of State for Work & Pensions on behalf of disabled clients Jacqueline Carmichael and Richard Rourke. Very much in line with the thrust of our briefing, our barrister – Kate Markus of Doughty Street Chambers – has made under Article 14 of the European Convention on Human Rights, the UN Convention on the Rights of Persons with Disabilities and the Equality Act, summarised below:
- The statutory criteria as to the permitted number of bedrooms are discriminatory in that they fail to take into account the different needs of disabled people as compared to non-disabled people. In other words, under the under-occupancy regulations, housing benefit is not available for the number of bedrooms required to meet the objective needs of disabled people who may need the extra room – for example, because a disabled partner cannot share a room or because a room is used storing disability-related equipment.
- The reduction in maximum rent fails to take into account the different consequences of the reduction for disabled people as compared with non-disabled people – for example, the need to live close to those who provide vital informal support or the need to retain the adaptations made to their current home.
- There is no justification for the discriminatory effect of Regulation B13.
- The DWP’s Equality Impact Assessment is insufficient to discharge the public sector duty to promote equality as it has no regard to the different impact of the regulations on disabled people.
- The DWP has failed to consider whether or how to mitigate the impacts of the regulations on disabled people – who are also generally less able to fund the shortfall or to downsize.
- The availability of discretionary housing payments (DHP’s) is not sufficient mitigation of the impacts on disabled people, especially as there is unlikely to be sufficient funding to meet the shortfall for all disabled claimants who need help. There is no consideration of the impact on disabled people who do not qualify for DHP’s.
Because Regulation B13 comes into force next month, a request has been made for an urgent hearing and for interim relief, since claimants will be expected to pay the under-occupancy charge from April.
The initial hearing in these cases and other cases involving disabled adults and children* is to take place on Tuesday, 5th March. We will provide an update as soon as there is more news.
*An application for judicial review has also been lodged by Hopkin Murray Beskine solicitors on behalf of five families with disabled children who have a medical need for a separate room but are expected to share under the under-occupancy rules. For further details, see: Children launch legal challenge to bedroom tax
It needs to be fair,this is going to crush people and slash their confidence
It needs to be fair, this will crush people and slash their confidence.
I personally will not be affected by these plans, but it is easy to see many disabled people will be. The government have not taken into account any bedrooms that are used by disabled people, their
partners,carers or essential equipment. I doubt any risk assessments or Equality Impact Assessments have been made either, and I doubt the government has little or no idea as to the numbers of people, and their families, who will suffer under these ridiculous regulations.
It could cause ill people to be more sick or even die.
Sleep is important to Carers as well as disabled/sick people.
It not only eats at you confidance but also eats away at your immune system and makes you condition that much more difficult to deal with.
It could also cause you to lose you job because of fatigue and lack of sleep as Sleep deprivation is a very serious problem which can cause road accidents and heart attacks.
Life in the so called real world is difficult enough when you are disabled without being discriminated in your own home.
What next ?
Its a very good submission to the courts, but as ever we know that the judiciary in the UK is as corrupt as it is in Russia. Its controlled by the very people who will benefit most by these cuts to our benefits, the thousands of millionaires who will get huge payouts for doing absolutely nothing!
I would not surprise me if they put all the Atos corpses on trial for fraud.
Excellent, wishing you all the best today for the legally and morally correct outcome. You, Sue, Kaliya, Sam etc., do a fantastic job and are very intelligent thanks for all of the help and support you give to everyone. xx
Lets hope that they are given a fair hearing ,having been to a judicial review myself over my disabled child’s education i worry about the time scale of this as its only 3 nearly 4 weeks till it comes in.
I understand the need to sort out housing but it doesn’t help when you can enter the country and get a home so quick yet a disabled person needing a 3 bed bungalow cannot find one at all social housing wise ( we have been on urgent list for 9 months ..some urgency eh !! I would buy but cannot afford this in today’s housing market who can !!!
with the vast amount of deaths so far that have been caused by the governments welfare reform bill i wouldn’t be surprised to find things to get worse with over time only the most resolute of the sick and disabled to remain alive
as for the bedroom tax words fail me
As the title says… I’m hoping for change….
I’ve been trying to look everywhere for a new home that will accommodate my needs as I need a downstairs bedroom with a bathroom or a downstairs flat..
The housing association can’t accommodate me due to the backlog and even being on the transfer list is a million years away ~sigh~
I’m to ill to be moved and even on my better days any effort to try and pack up a house to move will excarberate my condition ten fold, so what am I to do?
No, this “bedroom tax” situation has not been thought about fairly, if it was easy for me to move home I would, but even the other day when a neighbour of mine told me she was willing to swap homes with me, even going over to her house to look at it left me very ill and struggling for hours afterwards…
Like many I’m hoping for good news also, as this government is a joke and to be honest they don’t give a darn about the many sick/disabled/poor people of today….
Roll on 2015 when we can eventually get rid of them for good!
Goodluck with this our family are 3 disabled adults and live in an adapted house and I feel we fall into the same criteria as your clients ,earnestly awaiting the outcome.
I wish you all the luck in the world, I truly do. Both hubby and myself are disabled and we rent privately, we had no other choice as the council offered us a flat upstairs and one up a huge hill, as well as a pensioners bungalow were we can’t swing a cat! Of course the bedroom tax came into effect earlier in private rents so we only get housing benefit for a one bed bungalow instead of the two, which are both in use due to our disabilities!
Something needs to be done to make it fairer.
I have been waiting for a social house for several years, along with my family.
Only, there are none available because three bedroomed homes are occupied by single people or a couple who share one bedroom.
The government should have funded councils to build one bedroomed accommodations, and then brought in the bedroom tax for those who refuse to move.
I find it absolutely disgusting that they charge someone the bedroom tax for a person who is away with the services of this country. (Just as I do, when a person comes home injured, be it mental or physical, only for the government to ‘turn their back on them, both with support and financially).
Back to bedroom tax, I understand that in some cases, a couple may sleep in seperate bedrooms, but if the government let that one go, the flood gates will open and suddenly, there will be a large amount claiming that they sleep in seperate rooms too.
Hi,
I think your cause to seek justice for disabled people is a worthy cause. I am disabled myself. I have multiple skeletal difficulties through varies breaks and accidents over the years plus I have Fibro myalgia and have suffered most of my life from clinical depression.
I don’t use a wheel chair and the aids I use are a stair rail, bath board, perching stool,crutches and a few sticks, all take up room. I have a small two bed house and, which I spend a lot of time in as I can’t always get out. I will be affected in the April when the charge comes into force. My housing officer has even said, ” this is crazy you have just one smallish extra bedroom, you would still need all the other things you have.” Which is all true. And no my extra bedroom isn’t small enough to be counted as a box room. I live in South Wales my daughter lives in London. even thou I am in my home town where my friends and my support is, I have a small garden which I have been adapting over the years to suit my lack of mobility and it is my hobby really and my exercise and my reason to go our doors.It is my therapy.
I have been looking for one bedroomed places, they have all been ground floor flats. All with tiny living rooms and bedrooms, the last one I saw the bedrooms measured 7 x 11 feet. Like a big coffin really. I would rather die. I don’t have the finances to move or the physical strength. I would have no where for my daughter to stay when she came down, or friends who come and stay when I’m not well.
I have already been through the ESA process, and have been put in the work group, I have had my first work focussed interview, with a very pleasant advisor, who I had told I had been too poorly to appeal the decision, I lose my work related earnings at the end of the year. The advisor advised me to appeal the decision, I just haven’t had the strength mentally or physically to do this
I am in receipt of High rate mobility and low care on DLA, with out which I could not afford to run my little car which I need to access the out side world. Under the new regulations of PIP I probable won’t get that help.
I have tried over the time to do voluntary work to get my self back into the real world of work of which I was apart of for most of my working life and had to give them up due to pain and fatigue.
I am now 55yrs old, used to have a strong work ethic and it has been a great loss to have all that taken away from me along with choice, physical freedom, dignity and financial freedom and my pride.
I commend you for your work and your cause. Mu question is What can I do?
I’m looking forward to the outcome of this. My mother suffers with agoraphobia & has recently been able to get out and go shopping. She cannot work. She lives in a 3 bed house & is a street away from her 84 yr old mother whom she helps look after. She has been looking to bid on a 1bed place but there are none in our town and she cannot go too far because of her illness & mother. The council agreed to these conditions. She is gonna have to pay £150 a month starting April. She had no income so how is she gonna pay?! The government don’t care & the council aren’t prepared to make her a proprity! No win situation for her. The government really have not looked at this properly
Julie,
What area of South Wales are you? I am looking to move to Neath, and I am almost certain that I saw a leaflet that says you can have a bedroom for a career that does not live with you perminantly.
I will have another look at it an get back to you.
I have found it, Julie.
It states:
“The new rules mean that one bedroom is allowed for each of the following”:
1. Each adult couple
2. Any other person aged 16 or over
3. 2 children of the same sex under the age of 16
4. 2 children regardless of sex under the age of 10
5. Any other child
6. A carer who lives elswhere.
The BT can never be fair. If there were sufficient properties for people to downsize to then the government would not save a single penny. This is a welfare cut aimed solely at those who just happen to have a ‘not necessarily spare room, at all as it is in use. How can a room occupied by a foster child also be treated as unoccupied? The stupidity of it all! As for those waiting for housing we need to join them in a campaign to get more housing built. Then those that could move, would move. I downsized from a 3 bed house that I no longer needed, but could only manage to find a two bedroom flat to swap to.It is the shortage of all types of affordable housing that is the problem. Home swaps in themselves are a nightmare to achieve and I have known people to sit on transfer list forever as they are not given any priority when a property becomes available, it is instead given to someone on the waiting list who may be homeless.
Dr Eoin Clarke says: “The Bedroom Tax is David Cameron’s ‘Poll Tax’ moment. History will never forgive us if we do not stand united in defiance of this cruel deed, and defeat it once and for all.” There are very many demos planned to protest against it, all over the country:
http://no2bedroomtax.co.uk/category/demos/
Thank you all so very much at we are Spartacus for making this legal challenge. Although I am not personally affected by the bedroom tax, I despair at the misery that is being inflicted on so many thousands of my fellow citizens, and hope against hope that this noxious piece of legislation will be destroyed.
“John Williams Says:
March 5th, 2013 at 1:30 pm
I have found it, Julie.
It states:
“The new rules mean that one bedroom is allowed for each of the following”:
1. Each adult couple
2. Any other person aged 16 or over
3. 2 children of the same sex under the age of 16
4. 2 children regardless of sex under the age of 10
5. Any other child
6. A carer who lives elsewhere.”
Please could you tell us where you found it John? Many thanks
Hi Jennie, it’s here: http://www.legislation.gov.uk/ukdsi/2012/9780111525784/regulation/5 – go down to regulation B13 and read down from there… hope you find it!
My husband is disabled and we are currently waiting on the council fitting a downstairs wetroom for him to make life so much easier.
We live in a three bedroom house with our 23 and 16 year old sons so what happens when they leave home ?
Our home will have been adapted for my husbands needs – wetroom, stairlift and outside ramp so we would require something similar and there are currently no properties like that in our home town, we live in Fife by the way.
It looks like we would probably have to move to the servite homes near us even though we are only 49 and 56 respectively, that’s if there were any up for rent.
If only councils had built more houses with the money they made from selling their stock then there might be enough houses to go round.
I hope the Government sees sense and and does a uturn
Your situation is an excellent illustration of the stupidity of this policy. Let’s hope the legal challenge is successful or the Government sees sense itself!
Hi ,
i have just been told by an advocate from Age UK that there are limitations on bedroom room sizes that they can count as being a bedroom , the size has to be above 9ft 6 x 8ft 6 to be counted as a bedroom other wise it is a childs room not viable for an adult to use only a child under 14 can use this size room other wise it is supposed to be counted as a storage room .. hope this helps i did research this and came up with a few sites that mention it including shelter and housing associations group site.
Hope this may help some on here
I think there is a need for fairness in the welfare reforms myself, but I am surprised that Sparticus are not mentioning the extra provision of funding to Local Authorities for Discretionary Housing Payments – particularly as one of the guidelines is for this payment to be made in the case of disabled persons, assessed as underoccupying, where there have been adaptions made to the house. I don’t think a lot of people are aware of this and this is a problem for 2 reasons. 1. Obviously if people aren’t aware, then they aren’t applying for the DHP and 2. The government can use this as a defence against your charge of discrimination.
We certainly do mention this in our briefing and in our initial article written in October. Links to these are given in the text of this article. There are several legal & practical reasons, though, why DHP’s are not a sufficient solution.
Apparently, according to governmental spokes people Risk and Impact Assessments studies were carried out during the drafting of the legislation. Pity it has so far proven impossible to find out who they were as they are certainly incompetent and definitely liable for the harm that their incompetence will cause.
I’m currently doing some research during the preparation of documents which will be submitted to try and bring the government to book for their heinousness and have come across a few things that can be used to attack this legislation from other directions. I have found that the government may indeed be in breach of their own legislation, in which the recent D.D.A (Disability Discrimination Act)states in some vague terms that disabled people cannot be treated less favourably than non disabled persons. Also there are various Health and Safety legislations which broadly point to unsafe practices and the creation of hazardous situations for the disabled etc. which can also be used and specifically applied to carers. There are also a variety of Public Health Acts which can by wide interpretation be used to weaken the governments justification.
It seems that there a few avenues of attack as it were, apart from the Human Rights angle and if combined would prove for a pretty forceful and irresistible argument for the rewriting of the Welfare Reform Act, if not the setting aside of it altogether.
There is some light at the end of the tunnel and people shouldn’t give up, after all isn’t that what Cameron wants?! Don’t give him the satisfaction, fight back and if you can’t fight back survive and poke the toad in the eye while measures are being taken!
Meanwhile, perhaps someone can organise a good old fashioned ‘demo’ or a day of action. It doesn’t need to be a large group just enough to get media attention and draw attention to the situation from the rest of the world. Cameron is busy upsetting other nations by sticking his nose into their internal affairs and blackmailing them with threats to stop aid if they refuse to do as he says. I rather think the International Press and Media, especially Reuters, would seize upon a chance to criticise Cameron for not putting his own house in order, so to speak.
Just a bit of food for thought and thinking out loud, as it were.
The Disability Discrimination Act was superseded by the Equality Act of 2010, but you’re quite right. I think our barristers have done a good job with the arguments they’re presenting, of which I have a copy but am not sharing publicly as it gives personal details about the claimants.
I understand there are some bedroom tax demonstrations happening around the country but I don’t have details to hand. You may find some by searching the net and groups such as DPAC…
This Government’s respect for the rule of law is minimal; that’s what frightens me the most, because if the rule of law is undermined we’re done for.
Perhaps Cameron should pay bedroom tax on the 4 bedrooms at No.10 and the 10 bedrooms at Chequers. This is another ill conceived law. Life is not just black and white, there have to be exceptions to every rule to cater for different circumstances. The so called Coalition are trying to make things simple at the expense of the disabled. I live with my wife in a one bedroom flat and find it a struggle, with sleeping and the storage of my disabled equipment, so I am fully aware of the problems. The Welfare Reform Act is deeply flawed and flies in the face of our human rights. So much for the legacy of the Paralympic Games, when even some of the athletes will be hard hit by these draconian laws.
DISABLED RIGHTS ARE BEING SET BACK 30 OR 40 YEARS. I have written to my local MP and Cameron, but as usual they don’t answer a straight question with a straight answer.
I am so tired of these privileged individuals that play around with our lives not knowing what the real consequences are.No politician should be allowed to stand unless they are over thirty five and have worked in industry of some sort. If you are going to make rules about the disabled you need to be disabled, that is the only way can can really understand what we go through. They keep taking away more and more benefits from us, don’t they realise we have to virtually pay for all our general needs. If we don’t have family, who does the decorating, the gardening, the shopping, the washing, the ironing, the carrying, getting the wheelchairs in and out of the cars and so much more? I would like to see the privileged individuals cope with this just for one month, then we might see some understanding and some genuine feeling about how hard it is for us disabled and our carers.
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Hate to sound alarmist but I have received reports that some Councils and Housing Associations are now sending out letters and forms and telling tenants that they must sign them. Many of these are being found to be nothing more than legal disclaimers which in essence means that they want you to sign away your legal rights to challenge. Many of these forms and letters are worded in such a way as to be threatening or intimidating.
I would urge people NOT to sign anything until it has been seen and checked by someone from the CAB or some similar organisation or body.
Sorry to be a forum hog. Just found some information that may be useful to some people.
Many of the smallest rooms in social housing are less than 70 sq/ft and thus a boxroom rather than a bedroom.
A single bedroom has to be 70 sq/ft or 6.5 sq/m to be classed as a full (1.0) bedroom. If it is 9ft x 7ft then it is 63 sq/ft and just 0.9 of a bedroom.
The size standards are found in the 1985 Housing Act section 326 (and see here for an overview http://www3.westminster.gov.uk/docstores/publications_store/overcrowding%20excerpt.pdf ) which ironically deal with overcrowding and set out the 70 sq/ft issue and also the fact that anything under 50 sq/ft (eg 7ft by 7ft) cannot be deemed as a bedroom at all.
If you have a room which is under these requirements then it cannot be classed as a bedroom and you can legally challenge any under-occupancy judgement that says it is a bedroom.
I will be affected by this tax and it will cost me £18 per week something that I simply cannot afford. I’ve been thinking of what I can cut and the only thing is my internet connection (which is often my only contact with the outside world)and food as everything else has already been stripped back.
I have one ‘extra’ bedroom in a property that has been adapted for my use. My local Authority (Labour run) has implemented time limited tenancies and therefore if by some miracle I could downsize to a one bed property I will not have security of tenure. I will lose my adaptions and move away from my support network. If I move to a private property it will no doubt cost more than my current rent.
So I can’t say how happy I am that this ridiculous policy will be subject to Judicial Review as I cannot see how the DWP and ultimately the Nasty party can argue that it is any way fair and equal to disabled people, not that it won’t stop them trying of course.
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It won’t affect me but I loathe seeing fellow humans treated like this. I agree with Vince Mack above, a friend of mine who works in housing said some newly built social housing had bedrooms which didn’t conform to size so can’t be called bedrooms so do check that if you get hassle.
They are the nasty party indeed, with policies straight out of Charles Dickens.
Ah, that’s where they’re getting their evidence for evidence-based policy – the novels of Dickens!!
As one of the complainants in this case it gives me such a warm feeling all these supportive comments i really hope that our case is successful but as someone said earlier i wont hold my breath. Just hope all the publicity forces the Government to put disabled people under the same umbrella they afforded the O.A.P’s.
My mum is worried to death about this tax. She has had a letter today advising she has to pay £15.00 until april 15th and it goes up ro £16.00 from 15th April! She is poorly and only downsized two year ago from a 3 bed to 2 to be closer to family to care for her. To make her move again could end up killing her, which poses the question is this the objective! I really wish you all the very best of luck and pray you are a success! God bless u all x x
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many people keep saying that this bedroom tax is fair because it will free up houses for families who need them but what they fail to see is that many disabled tenants live in 2 bedroomed adapted bungalows which are not suitable for general use and would not be eligible for families or able bodied tenants to bid on. they are usually in areas with mostly elderly tenants and little facilities for children. I fall into this catergory and only moved into my bungalow after it was built in 2003, giving up my 3 bedroomed house which was no longer suitable for my needs. I had to wait several years for the 2 bedroomed bungalow even though I was in the priorty group as I was only allowed to bid on 2 bedroom properties because I was assessed as needing a room for my carer to sleep in.Since moving in I now have personal assistant who lives very close by.Most nights she goes home about 12 and comes back at 7ish but is only a phone call away.When I need extra help she sleeps here.It took me over 5 years to recover from the move both physically and financialy.Having had no choice in the size of the property I could move into I find it extraordinary that I am now being classified as under occupying and have to pay for the extra room! Everyone knows how stressful moving is for fit and healthy people let alone someone who is phyisically sick and disabled or elderly, which is why the government have not included OAPs but not excluding the sick and disabled must surely constitute discrimination either possivetly or negatively. Ridiculously if I had not fallen ill and subsuquently become disabled I would still living on my own in a 3 bedroom subsidised council house paying much less than families renting in the private sector, earning a very good wage with lots of disposable income to enjoy because of it and depriving a family of a much needed home. If the bedroom tax was really meant to address this problem why aren’t these homes and the homes of elderly people part of the solution? Is it not just as traumatic for us to be made to pay up or move from our HOMES, not just under-occupied units but our HOMES.
I’m completely baffled how they can separate a child from an adult a disability is a disability it doesn’t vary between the two it’s crazy thinking it feels like they’d rather punish the disabled for the lack of housing shortage. My wife has MS and sadly we can no longer sleep together as she suffers pain sometimes at night as well has gets extremely hot and sweats she also has on a few occasions had accidents which is embarrassing enough for her and as she put’s on lot’s of weight because of the medication plus she has thyroid problems her snoring is enough to wake the dead at least we laugh at the last bit, I took to sleeping in my daughters old bedroom which was spare this is hard enough as it’s with my wife I’d rather be not in another room but it’s impossible to sleep together now. To get around this craziness We’ve had to get our daughter to move back home who is a full time student just so we don’t get into debt, this is our home where our memories are why do we have to suffer because our government will not close the doors to immigration which in itself cost millions surely it makes sense to do the opposite tighten immigration control this will save millions rather than ripping & stealing off the disabled, the majority of the public are ignorant to what disabled people are about to go through their not just facing losing their homes but losing their benefits I truly believe this is discrimination against people with disabilities and out right theft of their rights to what their entitled to. But the joke is I’m being told I’m wrong in my thinking about better immigration control I put it to my local MP and he answered the pip questions but avoided the other side about tightening up immigration and booting out immigrants who break the law I’m told they have rights people who have contributed to this country seem to have more rights than the disabled, my wife is now getting treatment for mental health issues as she says she doesn’t want to live like this anymore how many lives are going to be destroyed before someone stands up to see what a mess this is. No doubt this will probably get deleted or it’s going to rub people up the wrong way I’m not a politician but the nearest I can get to how were being treated is like these 3rd world countries who hide their disabled or like a certain mad man in the 40′s eradicate them.
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I find all of this so upsetting, I really do.
My elder sister has Systemic Lupus. Last year she had to attend 150 hospital appointments at three different hospitals including the London heart hospital. Her illness affects her heart, kidney and lungs and it would not be an understatement to say that she is seriously ill on a daily basis. So much so they very often she cannot leave her house.
As well as having to contend with ATOS medicals which will deem her fit to work (even though she cannot walk even the shortest distance without experiencing pain), she now has to contend with trying to move to a smaller property now that her daughter has left home leaving a spare bedroom in her home. She has lived in this home for over 20 years. Her home is near to her doctor’s surgery, to the pharmacy and to the hospitals she has to attend. Last year, my sister was so ill that she could not move herself from her bed to call and ambulance to take her to hospital. The phone was by her pillow and she could not pick it up to get help…yet this government believes that people like my sister can readily pack up their belongings and skip off to a one bedroom property that does not even exist.
I cannot help but feel that the ministers instigating these policies simply want disabled people to die, so that they no longer pose a “burden” to society.
Has the government given thought to how the vulnerable and disabled will raise the funds for removal vans, to disconnect and then re-connect gas and electricity, washing machines, etc? What about the difficulty in finding social housing to move to – Are these people going to be placed at the top of their respective housing lists? If not then the government must be expecting them to move to private accommodation – Who is going to pay for the one month deposit and one months rent required of such properties?
I feel sick to the depths of my stomach when I think about all of the people suffering under these Dickensian policies and to now read that the Welfare minister is refusing to meet the We are Spartacus group is reminiscent of the coalitions’ refusal to meet with the people who run the Food Banks which are cropping up around this country. They are simply not interested in meeting people or discussing agendas with people who are not as fortunate as themselves.
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I have a cerebral palsy son+epilepsy 45 years old,he lives in a housing association bungalow classified as 2 bedroom. He uses the 2nd bedroom as his computer room and a bedroom if he has to have anyone stay in the event of illness. He moves in a wheelchair. How can this second room be classified as a bedroom as he has insufficient room in his lounge for his computer & associated equipment.
Secondly, the government has decided what monies are required for him to live on, how can they then deduct monies to pay towards rates?
Can you give me any advice or point me in the appropriate direction to do something?
Also as I understand it this bedroom tax does not apply to pensioners who are exempt from these changes. If the government truely wants to free properties surely this group may have more than one access bedroom. Does this not amount to age discrimination too? Is that legal as well?
Graham
If you take into account that the government’s sole aim is to save money on the housing benefit bill then this all makes sense. They are not bothered about under-occupation, it is just a smokescreen they are using to say the charges are fair as ‘how can it possibly be right people on benefits are swanning it in their spacious mansions at taxpayers expense’?! The government wants people to pay something towards their rent from their subsistence disability benefits to cut the HB bill. The biggest group of under-occupiers in family homes in the social rented sector are pensioners, who are exempt from this charge. They wont include pensioners as they are generally Tory voters and they actually turn out to vote in elections more than younger people (no offence to any pensioners that aren’t Tory voters but you are in the minority unfortunately). However, the HB bill is going up because rents are rising and more people are out of work or in low paid/part time jobs (so a lot of people claim HB whilst working now as their wages are so low compared to the rents). The only people who gain out of this mess will be private landlords. Those people who can afford to build a property empire funded by us taxpayers via HB. Oh, and the employers (and their shareholders) who can get away with paying people a pittance as the taxpayer will top up their wages with benefits. No-one in full time work should need benefits, they should be paid a decent wage to be able to live on and pay their rent and bills. Then there might be enough money left in the benefit pot to properly support people with disabilities who are unable to work and support themselves. Rant over. You have my full support in challenging this ridiculous and unfair ‘tax’. Best of luck.
BROKEN BRITAIN UNDER TORIES – BRITAINS PAGEANTRY – FUNERAL SHOW EXERCISE
The pomp and circumstance that surrounded Thatcher’s funeral was less to do with her than keeping up appearances .She Expressly wished not to have an elaborate Funeral .But the Establishment those shadowy figures that lurk in the background while Poverty and Social Injustice is all around them ignore the basics of life preferring to show the outside world all is well .If we had true Justice in this Country we would have had half the Congregation Locked up .It just shows what Thatcher got up to in secret with mourners like Kissenger there (Dr Death) .Successive Governments have ruined this Country and Shambolic Pageantry will not restore it whilst we have Self Important Self Centred Nobodies posturing their ineffectual selves about .They have no respect from us because we are Ruled by Force Through the Pocket . http://www.brokenbritainundertories.com
BROKEN BRITAIN UNDER TORIES – THE CIVIL SERVICE RUN THE COUNTRY POLITICIANS ARE A FRONT
Why under Queen Victoria running the Empire which comprised of 75% of the World did we only need 40,000 Civil Servants yet today we need 500,000 .Why does the tax payer foot the bill for Spin Doctors to feed us fodder.When the truth is unpalatable or too overbearing because of family or financial concerns we the Public turn ourselves off to be able to cope .
Successive Governments have continued the same Agenda, same parcel different wrapping .Profit before Humanity.They have created a Ruling Class.They rule the pennies in our pockets.How we are Educated.How we are NOT Policed as a society properly by civilians in uniform when they have no powers in Civil Law,leading to Law of the Jungle .Thatcher had a spectacular funeral ,but what of the Victims of Stafford the man in charge still carries on . No happy Media coverage, keep them down. http://www.brokenbritainundertories.com
BROKEN BRITAIN UNDER TORIES – THE SLIPPERY SLOPE STARTING WITH THATCHER Under Thatcher it was like Open Season on the British Public and their way of Life as well as Employment she removed School Milk ,Playing Fields and almost got away with charging for entrance to Public Parks .Spineless Blair followed on the Thatcher Policies but without Publically saying so clocking up milions as he went.We the Public got some respite under Brown ,he recognised Low wages and the Social Plight of the Public and tried to redress the balance ,but Blair had spoilt things and he was voted out only to be replaced by the Spineless Bunch we now have in place.A Border Agency not fit for purpose and never was – just disbanded leaving 100’s of 10000’s of unchecked Immigrants wandering around never to be traced – this shower are not only incompetent but Dangerous to us the Public . http://www.brokenbritainundertories.com
I have received a decision from Rotherham Council today to say I am ‘ineligible’ for DHP. My house has 4 bedrooms (3 measuring 3 x 4 yards and 1 measuring 60 square feet). My husband is in the box room. In my room i have a huge Wessex through floor lift (That Rotherham Council put in after i was assessed). I had a daughter with Asperger’s age 11 in her own room and a son aged 9 also in his own room. I cannot share a bedroom with my husband literally through ‘lack of space’ – we can’t get another single bed in the room without it greatly affecting my health and safety. Sharing a bed with him is out of the question due to my severely abnormal spine (congenital scoliosis amongst a list of other medical problems). I have appealed yet again – but they are saying that DHP is primarily for foster families/armed forces …..I think it stinks personally
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I am 56. Disabled. 95% bed bound have daily carers that I pay towards from my DLA. Have lived in my 3 bed HA home for over 21 years. Which has been adapted for my needs. I also have Bipolar. with a history of suicide attempts and self harm.
There is NO support at all for people with Mental health issues. Which is also a disability.
I also have pets, so need my garden.
I have a good support system of friends/neighbours. Whom I need to stay overnight when I’m particularly bad. There are NO 1 bed adapted bungalows, anyway. Not that I could ever cope with moving.
I belong to various groups on Facebook. Fighting thee BT. But on top of this, we now have to pay council tax, as well. There are over 11,000 of us.
One of the things NOT taken into consideration is that the rents are much higher in the South, where I am. so we have to pay more than someone in the North, for the same size property.
I’ve applied for a DHP. But refused, because I won’t move!! That is just a diversion by the government anyway.
One thing every Disabled person needs to realise is that the councils are using our DLA as income.
How else are we supposed to pay it?? AND, that is out of order!! It’s meant for our care. NOT for paying rent and/or CT!!
That, in it’s self has to be discrimination surely??
I just hope you manage to win the case.
We are all trying to appeal at the moment. What else can we do? Just roll over and accept it.
The Pensioners will be next on their list…. No one will escape in the end.
So much for a caring government!1
They are so detached from reality…
Our local authority have refused our application for a discretionary payment. They have only discounted the first £25 of our DLA, the rest is taken into consideration when assessing our financial circumstances. They have also questioned the amount of money we spend on taxis and food. They have not even taken into consideration our need to use the extra bedroom because of medical reasons.
We are going to appeal but the local authority will not give us their reasons for the refusal in writing until we put the appeal in. They would only briefly discuss it over the phone. Surely this cant’ be right?
The ‘bedroom tax’ and I am 1 of thousands of disabled people affected by it. I was offered a 3 bedroom bungalow in December last year because of my disability and I rely heavily on my manual and electric wheelchair. Prior to this I was offered 2 ground floor flats with walk-in-showers but I could not get my wheelchair in the bathrooms. I was then offered a flat on the 4th floor of a block of flats, although it had a lift, what would I do if the lift broke down as I am completely wheelchair bound. My disability is that I suffer from genetic and hereditary Brittle Bones and in April 2010 I slipped and shattered the knee joint in my left leg. Due to my health condition and the type of injury that I had, it has been very difficult to treat.
The Govt should NOT be able to DEDUCT any benefits from ANYONE untill they CAN OFFER the ABILITY for Clamiant to move to a SMALLER HOME????
The Govt should NOT be able to EDUCT any benefits untll they CAN OFFER any claimants the ABILITY to move to a SMALLER Home????
Our Housing Association today told us they are seeking a repossession order next week and they only bothered to send one letter demanding payment for arrears! Seems the Cameronite bullying and heartless money grabbing, anti-disabled campaign is widespread and deep seated. Anyone got any large cardboard boxes they don’t want?
People who rent privately have had a reduction in HB for years – now it’s the turn of people in social housing. This is fair!
I have not noticed anything of which every one is talking about,I bought an old
5 Bed Bungalow no probloms took a wall down builder did so its 4 bed now nice size bedroom now,and on suite council put another bed room as my medical room for standing frame, so its now an E class and not a F but lucky we don’t have to pay council TAX as we got round a lady from council came round and as my girlfriend was retired she was 50p under so we do’t have to pay council TAX,
But we are splitting up now and I am buying a 4 bed house and putting a lift in as us in wheelchairs need room to move around, I have lived on my own which i don’t like that much for 20 odd years before but if i have one for spare room which i need just in case, then one for a standing frame then my Hobby room that leaves one spare for when my son comes round, we need room to swing a cat and if you are in a wheel chair and you put a 3 pice sofa in and a table it doesen’t leave much room to move around in chair, and I need a double garage as most single garages don#t leave room to open a car door fully for you to open it to trancefer onto car seat so that’s what i have to do,
the government need taking to court as well for there use of the word scroungers- unfair and deeply offensive
divide and conquer we see straight through you cameron
Julia unfortunately this is another grey area that the Government have created and it looks like it’s been created on purpose. They have made the guidelines regarding DHP so wooly that it is open to wide interpretation. This is being taken full advantage of by way too many unscrupulous LA’s. For example our Housing Association (Aspire Housing) are point blank ignoring the quite clearly laid our exemptions to the Bedroom Tax and bullying and threatening everyone with eviction if they don’t pay. After much pressure being exerted by, yours truly, they slipped up and told me it was because the L.A were refusing to pass onto them the funds that they are entitled to. Thus it follows, in their twisted logic, that it is easier to bully the tenants into paying what they don’t have to rather than to force the LA into paying out what they should.
With DHP they have what appears to be a free hand as to what allowances they can and cannot take into account when deciding if DHP is payable and if so how much. Indeed some LA’s count every penny as an ‘income’ and thus can refuse people DHP even though they are technically entitled to it.
It occurs to me that perhaps we are going about this the wrong way. Perhaps we should all dress up in silly costumes and have ‘Disabled Pride Parades’and if that doesn’t work stamp our feet and throw hissy fits. That seems to be about the only damn way you get given any rights in this screwed up country.
I moved into my 3 bed house in 2010. Since then we have ceramic tiled and carpeted the downstairs of the house, and decorated. We have fitted new shower and tiled bathroom walls and floor. We have walled and paved garden and planted fruit trees. We did this as we expected this to be our forever home. We now have to move to a two bedroomed house if we can find one. Next year our son may move out when he finishes university (depending on where he gets a job) and we may be forced to move again. Surely people will stop having homes, just temporary locations until the next family change in circumstances. Who can afford to move twice in a year because I certainly cannot. This is what creates slums instead of friendly communities. Is this the governments intention? This will cost more in policing and healthcare in the future. What happened to an Englishmans home is his castle?
my wife is disabled and we cannot sleep together and now we have to pay the bedroom tax.we have applied for the discretionary housing payment but we’re turned down because they take my wife’s money into account. We have tried every avenue to not say this and even though we told them our situation when we took the flat they still are taking the money.
CAMERON IS A SAINT!! He must be! With his magic wand he has cure my disabilities! He must have done. Over 10 years ago I was assessed as being over 80% disabled and thus put on Severe Disablement Allowance, since then I’ve had a stroke, a few minor strokes, suffered from a botched operation which only left me with two usable fingers in one hand and been diagnosed with brittle bones. I shudder to think how much my 80% assessed factor has gone up. Yet I have now been put on ‘Incapacity Benefit’, ergo my severe disabilities have been cured. I wasn’t even informed of this, just had my amounts changed! Being ‘incapacitated’ implies you are just sick or unwell which also implies you will get well or be able to function with medications or treatment! Just lining me up to be another ATOS target. They are now refusing to recognise me as being a disabled person and can now legally refuse to recognise my needs as a disabled person and dismantle any support structure that I have.
The Housing Association will be seeking possession in 21 days and my useless solicitor just said apply for DHP. I asked him what the plan was if it’s turned down or there is still a shortfall and he just shrugged, needless to say he got a mouthful before I sacked him. I have also been told that neither my carer or myself can officially retire until aged 66! My carer was only a couple of years short of retiring and now she’s had an extra 6 years tacked onto it! She is now being treated for depression.
The odd thing is the amount of money that I have lost from having my SDA taken away is the same amount that I’m expected to pay in rent! So in real terms, with also losing the age adjustment premium that was put into the SDA, if I pay the blood money rent I am now nearly £50 a week worse off. Who the hell can afford that! Cameron and IDS are way beyond being callous and stupid and just plain evil.
I have also found out that I am going into heart failure, so as far as I am concerned those pair are trying to kill me. I’ll tell you one thing if I had even the remotest opportunity I’d kill that fink Cameron. As far I’m concerned it’s now self defence and I don’t care if the Special Branch, Met or anyone else knows it!! If someone’s organising or plotting a revolution, count me in big time. I have nothing left to lose now!!
In all my years I have NEVER witnessed such a vicious attack on disabled people and there rights. Many people are comparing the private housing sector against social housing. The reason why there are restrictions on housing benefits in the private sector is because of the very high rents that are being charged in some cases double what the LA’s and housing associations charge. It must also be remembered why social housing was created in the first place, it was created so that families who could not afford to buy were given a house which they could call home and this was without any limitations whatsoever on time or on having spare bedrooms when there children grew up up and left home. I am disabled myself and live in a 2 bedroom house with adaptions that have been made in order for me to cope with normal living and because of my disability both bedrooms are being used so that my partner can get a as good a nights sleep as possible in order for her to look after me. It must be noted that we don’t have anyone coming in to help whatsoever. We have spent thousands of pounds on our home and in a fair bit of this was on repairs which by rights our LA should have carried out. Why you ask well it’s quite simple really “IT’S BECAUSE ITS OUR HOME”, clearly something CAMERON AND THE OTHER IDIOTS who are running this country seem to have forgotten. Now why is there such a shortage of social housing well that’s easy just think about all the houses that have been sold by the LA’s and then think of the number of houses that havn’t been built to replace the ones that have been sold. I do to some extent agree that the ammount being paid out in benefits is too high, but, instead of picking on the most vulnerable people in our society start having a go at the able bodied people who have spent their adult life claiming benefits and start doing something to get back manufacturing into this country which will in turn create a significant number of jobs which in turn will aliviate the burden on the benefits bill.
All said and done for me personally this is without a doubt the WORST government that this country has ever had and that’s coming from someone who has voted tory for most of his life, and it will be a cold day in hell before I vote for them again.
The sooner CAMERON AND THE RESS OF THIS GOVERNMENT GO THE BETTER.
THIS IS DISCRIMINATION TOWARDS THE DISABLED,WHEN DAVID CAMERON WANTED OUR VOTES HE PROMISED MORE HELP FOR THE SICK/DISABLED NOW HE WANTS US TO LIVE IN GHETTO’S AND HAVE OUR HUMAN RIGHTS TAKEN AWAY FROM US.