Update on We are Spartacus legal challenges

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“Bedroom tax” case:scales of justice

We understand that the application for judicial review of the “bedroom tax”, on behalf of 5 disabled adults and 5 disabled children, is to be heard on 15 May 2013; the hearing is expected to last 3 days.

For details on the case, including the legal grounds of the application, see http://wearespartacus.org.uk/disabled-mount-legal-challenge-bedroom-tax/ and for more general information on the “bedroom tax” policy, see our main “bedroom tax” page at http://wearespartacus.org.uk/bedroom-tax/

PIP 20 metres case:

We understand that a judge will decide on 2 May whether to give permission for the application for judicial review of the 20 metres criterion under PIP to go to a full hearing. If permission is granted, the hearing is likely to take place in July.

For further details on the PIP case, see http://wearespartacus.org.uk/judicial-review-pip-20m/ and for a wealth of information on Personal Independence Payment and the significance of the 20 metres criterion, see our main PIP page at http://wearespartacus.org.uk/pip/

Judicial review issued against PIP 20 metre criteria

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For a growing list of links to media coverage, blog posts etc, see our dedicated PIP page

Lawyers have announced that they are taking legal action against the Government on behalf of three disabled clients who are challenging the decision by Ian Duncan Smith, the Secretary of State for Work and Pensions, to bring in more stringent measures to qualify for mobility benefit.

The three clients currently receive disability living allowance (DLA) including the higher rate of the mobility component. This non-means-tested cash benefit has been available since 1992 and provides people with assistance towards the costs of an adapted car, powered wheelchair or scooter through the Motability scheme.

Under DLA a person is entitled to the higher rate of the mobility component if they are ‘unable or virtually unable to walk’. Usually claimants are considered to be ‘virtually unable to walk’ if they cannot walk more than around 50 metres.

The new Social Security (Personal Independence Payment) Regulations 2013 (PIP) have reduced this benchmark distance to 20m. The Government itself has estimated that around 428,000 fewer people* will, as a result, be eligible. Continue reading →

Government fails to prevent legal challenge to bedroom tax

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The Government has today (27 March 2013) failed in its attempt to prevent legal action against its controversial Bedroom Tax, after permission was granted for a judicial review of the regulations to proceed in the High Court.

A judicial review of the Government’s controversial decision to deny housing benefit to people who have more than one bedroom if they are single or a couple will now be heard in early May. Continue reading →