The High Court this week is considering 10 claims being brought against the Government’s ‘Bedroom Tax’ that came into force on 1 April this year.

The claims, made by a range of people affected by the Bedroom Tax, are being heard together over three days starting on Wednesday 15 May. Most of the claimants are disabled, or share their home with a disabled person. The changes to the regulations mean they are defined as under-occupying their properties and liable to benefit reductions of between 14 to 25 per cent.

The Equality and Human Rights Commission is also intervening as an independent third party expert to assist the court on discrimination law and human rights. It will submit that the new regulations potentially breach the right of people not to be discriminated against in the enjoyment of their rights (A.14) and their right to a family life (A.8).

It will also advise the court on the UK’s duty to provide reasonable accommodation for people with a disability under international law, particularly the obligations under the United Nations Convention on the Rights of People with Disabilities (UNCRPD). This requires the government to take steps to abolish or modify laws that discriminate against disabled people.

The Commission will also assist the court to determine whether the Department for Work and Pensions has met the Public Sector Equality Duty. An Equality Impact Assessment carried out by the Department found overall 420,000 disabled tenants were likely to be affected losing around £14 a week. However, the assessment did not calculate how many of those affected need a second bedroom due to their disability or a family member’s.

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