Sandwell Council accused of disability discrimination over housing payments
A council discriminated against a disabled couple when it reduced their housing benefit - breaching their human rights, a court was told.
Sandwell Council was accused of acting unlawfully in its implementation of the so-called 'bedroom tax' regarding Oldbury couple Michael and Jayne Hardy at a judicial review being heard at Birmingham Administrative Court.
Mr Tim Buley, for Mr and Mrs Hardy, told Mr Justice Stephen Phillips that the council's handling of their case amounted to disability discrimination and a breach of the European Convention on Human Rights.
They have been backed by anti-poverty charity Zacchaeus 2000, and the outcome of the case could have implications for local authorities across the country regarding they way they assess claims from disabled tenants affected by the end of the 'spare room subsidy'.
The couple, who have two spare bedrooms at their home, had their housing benefit reduced by £25 a week following the controversial Welfare Reform Act 2012, which resulted in benefit cuts to tenants with spare bedrooms.
Some of the shortfall was made up by the Discretionary Housing Payment (DHP), but the Hardys were still left out of pocket as a result of the change.
The Department for Work and Pensions (DWP) provides £25m per year in DHP to allow local authorities to provide support for tenants affected by the changes to benefits.
Mr Buley said Sandwell Council had acted unlawfully in taking the couple's disability allowance (DLA) into account when assessing their income.
Mr Chris Knight, representing Zacchaeus 2000, supported Mr Buley's claim.
"DLA should not be regarded as income towards housing costs," he said.
"DLA is awarded for special care needs, housing benefit is provided for housing costs," he said.
He added that Discretionary Housing Payment could not be assessed on the basis of income and expenditure, as Sandwell Council had done, but was specifically about meeting housing costs.
Mr Hardy, who is 60, suffers from arthritis and walks with a stick. He is blind in one eye and had a pacemaker fitted following a heart attack 10 years ago. His wife, who is 50, suffers from osteo-arthritis and spends much of her time in a wheelchair.
The couple are on the housing register and say they are willing to move to a smaller home as long as it meets their needs, such as not involving stairs or a long walk to the property.
The hearing was adjourned until a date to be fixed.
