Social security law update: two families win UKSC appeals over ‘unfair’ bedroom tax

R (MA and others) v Secretary of State for Work and Pensions [2016] UKSC 58 relates to the housing benefit cap under Housing Benefit Regulations 2006 SI No 2013 reg B13.*

… the [secretary of state’s ] decisions [in Carmichael and in Rutherford, the only successful appeals] were ‘manifestly without reasonable foundation’ (the test in cases involving questions of economic and social policy) 

Facts: The claimants live in social housing where the number of bedrooms exceeds the number to which they are entitled under HB Regs reg B13. Their housing benefit has been capped accordingly. They challenged the validity of reg B13 as it applies to their individual circumstances on the basis that it violates their right to nondiscrimination under European Convention on Human Rights (‘ the convention’ ) article 14 in conjunction with their right to family life under article 8 of the convention and/or property under article 1 of the First Protocol. They also contend that there has been a breach of the public sector equality duty under the Equality Act (EqA) 2010.

Decision: There appears to be no reason to distinguish between adult partners who cannot share a bedroom because of disability and children who cannot do so because of disability, or between adults and children in need of an overnight carer; the decisions were ‘manifestly without reasonable foundation’ (the test in cases involving questions of economic and social policy).

However, because the respondent secretary of state did consider the potential impact of the housing benefit cap scheme on individuals with disabilities, he fulfilled the public sector equality duty under the EqA.

* R (Carmichael and Rourke) (formerly known as MA and others) v Secretary of State for Work and Pensions and R (Daly and others) (formerly known as MA and others) v Secretary of State for Work and Pensions R (A) v Secretary of State for Work and Pensions and R (Rutherford and another) v Secretary of State for Work and Pensions.

• This case summary appears with the kind permission of UK Supreme Court (UKSC) Blog at http://ukscblog.com. Readers should note that the full judgment of the Supreme Court is the only authoritative document. This judgment is available at: www.supremecourt.uk/cases/docs/uksc-2014-0125-judgment.pdf