Kirkcaldy campaigners have expressed disappointment that the High Court in London has dismissed claims the Government’s so-called “bedroom tax” unlawfully discriminates against disabled people.
A group of 10 families in England had been fighting to block the controversial housing benefit regulations that came into force on April 1.
Louise McLeary, spokesperson for Kirkcaldy Anti-Bedroom Tax Campaign, said the news was a “serious blow” for many disabled people in Fife, particularly those who are disabled with a partner who needs a separate bedroom.
Confirming that the Kirkcaldycampaigners are preparing cases for independent tribunal this month, she told The Courier: “We are disappointed to learn about the High Court’s decision to reject the argument that the bedroom tax is discriminatory against disabled people.
Ninety per cent of tenants who come to us for help and advice are disabled themselves.”
The pressure group expressed its fears that the court’s ruling may lead to evictions among disabled social housing tenants.
Ms McLeary said: “Disabled people are already being hit hard under the welfare reforms. Many disabled people are already having to choose between food or heating their homes the bedroom tax is an unbearable strain for a group of people in society who already face high levels of poverty.
“I understand that Fife Council has had the bedroom tax dumped on their lap by the Government and have been sympathetic to disabled tenants who have overnight carers, but the only answer the local authority has been able to come up with is discretionary payments and they are only a temporary stopgap at best.”
Shelter, one of the largest charities concerned with homelessness, estimates that the court’s decision will increase the likelihood of homelessness of disabled people who cannot pay and are unable to move.
The Kirkcaldy campaigners say many disabled tenants in Fife are unable to move or downsize because they require an extra room for a number of reasons. They may require extra storage for special equipment, or if the nature of the disability makes sharing a room with their partner difficult or impossible.
Furthermore, disabled tenants have had thousands of pounds spent on adaptations to enable them to remain in their property. Simply moving them to a smaller accommodation, even if possible, would mean that thousands more would need to be spent on adaptations by either Fife Council or the housing associations that serve the Fife area.
Ms McLeary said: “The High Court’s decision, in effect, means that although families with disabled children will be regarded as needing a separate room for the child, adults living with a disabled partner will not be regarded as needing an extra bedroom and will not receive housing benefit to cover the cost for the number of rooms they need.”
The group states that the court’s decision will do nothing to alleviate the anguish already faced by Fife’s disabled tenants but states that it is doing everything it can to offer help to those who have decided to appeal against the bedroom tax on an individual basis or apply for a top-up payment.
Ms McLeary added: “We are preparing cases for independent tribunal this month. Anyone wanting our help to appeal the bedroom tax can contact me on 01592 267402.”
The High Court in London ruled on Tuesday that the cuts to housing benefit for people with a spare room are legal, rejecting claims that the bedroom tax discriminates against disabled people.
However, the court did criticise the Government for failing to act early enough to protect disabled children from the effects of the policy.
Lord Justice Laws said the current state of affairs “cannot be allowed to continue”.