A jubilant Fife mother and her disabled son have become the latest family to win their appeal against the so-called ‘bedroom tax’ and she says their victory shows people should not be scared of the legal process.
An independent solicitor took moments to decide that Judith Aitken, 57, should pay a nominal spare room subsidy fee negated by a discretionary housing payment towards a storage room used to house medical supplies for her son, Stephen, 24, who has cerebral palsy.
If unsuccessful then the family would have lost £80 a month because of the room at their home in the Collydean area of Glenrothes, which Mrs Aitken says is essential if she is to provide any level of care for her son.
However, following Thursday’s tribunal at Pathhead Parish Church in Kirkcaldy, the pair will not lose a penny in benefit payments.
Calling on more people to appeal against the legislation, Mrs Aitken told The Courier: “It is a scary thought, especially when you’re not used to legal proceedings, but the public have to know that this is wrong. It is wrong for us, as a family with a disabled son.
“If people can afford to pay for their own house then they would automatically have the number of rooms they need.
“We did get the housing discretionary payment but that was only temporary up until March and there was no guarantee it would go beyond that. We couldn’t ignore this.”
Judith has been Stephen’s sole carer since her husband passed away 11 years ago. They live in what is termed a four-bedroom home, with one room stacked with supplies essential for Stephen’s care.
“Stephen needs total care,” Mrs Aitken continued. He has a bag on his back, which is a feeding machine that is attached to him for 20 hours a day.
“In the morning he has to have his feeding machine detached and I set up his fresh feed for the day.
“He needs total care; changed, taking him out, medication four times a day. We have a room literally full of boxes of feed, water, medicines the room is full.”
Mrs Aitken was initially informed that her housing benefit would be affected when a representative from her housing association visited to explain that they would be charged for two rooms.
She continued: “We spoke to the housing manager about downsizing but we couldn’t fit into a two-bedroom because of these medical supplies. The minimum is a three-bedroom house but there are none nearby.
“They adapted our house for Stephen so even if they found a property, they would have to adapt that.”
Outside the church a small group of campaigners opposed to the “bedroom tax” had gathered to voice their continued concerns over the UK Government’s welfare reform, officially termed as ending the ‘spare room subsidy’.
Spokesman Louise McLeary said: “It is very important that people know they can win these appeals. I’m not sure that many people know that they can appeal and that is worrying.”