‘Shifting the place of social security’: The ‘Bedroom Tax’, discrimination and discretionary housing payments

Abstract

The High Court held that the changes to Housing Benefit under the Social Sector Size Criteria (reg.B15, Housing Benefit Regulations 2006 (SI 213)) were not unlawfully discriminatory contrary to Article 14 and did not violate s.149 Equality Act 2010. Although the regulations were held to be discriminatory, the Court was satisfied that the provision of Discretionary Housing Payments constituted a proportionate approach, and that the changes were not ‘manifestly without reasonable foundation’ and as an area of ‘high policy’ were therefore justified. The Court distinguished the case from Burnip due to the lack of a ‘discrete group’ of affected claimants. The Court was critical of the Secretary of State's failure to introduce new legislation to account for the exemption for disabled children unable to share a room in Burnip.

Keywords::

• discrimination
• discretionary housing payments
• social sector size criteria
• social housing
• high policy

Notes

^1. Amended by the Housing Benefit (Amendment) Regulations 2012 (SI 3040).

^2. Discretionary Financial Assistance Regulations 2001, SI 2001/1167 and Discretionary Housing Payments (Grants) Order 2001, SI 2001/2340.