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.
One of the claimants, who has spina bifida, lives in a two-bedroomed housing association flat with her husband. He is unable to share the same bed because of her health needs. There is not enough space for a second bed so he has to use their second bedroom.
Households like this, who are unable to move to a one-bedroom property but whose benefits are reduced, may end up in arrears and risk losing their tenancies.
The ten cases have been joined together as test cases and the hearing is expected to last for three days.
The Commission is 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.
.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.
Commission deputy director, legal, Wendy Hewitt said:
“A significant number of disabled people are affected by the proposed changes to housing benefit regulations and a higher proportion of these tenants are likely to be affected by the size criteria than non-disabled tenants.
“Safeguarding people in vulnerable situations is a Commission priority. It is important that we are able to help the court in its interpretation of equality discrimination law and human rights in this case.”
Ends
For more press information contact the Commission's media office on 0161 8298102, out of hours 07767 272 818.
Notes to Editors
MA & Others Vs Secretary of State for Work & Pensions
Article 14 Protection from discrimination
Article 8 Respect for private and family life www.equalityhumanrights.com/human-rights...ate-and-family-life/
The United Nations Convention on the Rights of People with Disabilities Guide to the UN Disability Convention Part 1: Introducing the United Nations Convention on the rights of people with disabilities
Public Sector Equality Duty www.equalityhumanrights.com/advice-and-g...ector-equality-duty/
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
Equality and Human Rights Commission
