R (Carmichael and Rourke) v Secretary of State for Work and Pensions
[2016] UKSC 58
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The 'bedroom tax' (removal of the spare room subsidy in housing benefit) is unlawful discrimination under Article 14 ECHR read with Article 8 where it fails to make allowance for a claimant's disability-related need for an additional bedroom.
Facts
Ms Carmichael, a severely disabled woman, required an additional bedroom due to her medical equipment, including a dialysis machine. Mr Rourke's severely disabled grandson required a separate bedroom for overnight care. Both had their housing benefit reduced under the under-occupancy rules. They argued the rules discriminated against them on grounds of disability.
Judgment Summary
The Supreme Court held (by a 5–2 majority) that the housing benefit regulations were unlawful in their failure to provide for disability-related needs for an additional bedroom. The regulations constituted unjustified discrimination under Article 14 ECHR in the cases of both appellants. The court made a declaration of incompatibility in respect of the regulations.
Key Quotes
"In those cases, which were rightly identified by the Court of Appeal as ones where the individuals’ medical condition was easy to recognise and gave rise to the need for a separate bedroom, there was no reasonable cause to apply the same cap on HB as if the bedrooms were truly under-occupied."
— Lord Toulson at [42](verbatim, verified against the judgment)
"Lord Thomas CJ added that the court accepted that DHPs were intended to provide the same sum of money, but it was not persuaded that this justified the different treatment of children and adults in respect of the same essential need within the same regulation. I agree."
— Lord Toulson at [48](verbatim, verified against the judgment)
Subsequent Treatment
Led to amendments in the Housing Benefit Regulations to provide for disability-related bedroom needs.
Applied in subsequent challenges to welfare benefits that fail to accommodate disability-related requirements.
What To Do Next
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