UK charity loses challenge to reduction in housing benefit; UK charity cautions disabled people risk losing welfare support

UK non-governmental organisation Child Poverty Action Group (CPAG) has lost its legal challenge to the UK government's decision to (a) restrict housing benefit to households of four bedrooms and (b) cap amounts of housing benefit payable.

CPAG took a judicial review on the grounds that the amendments exceeded the UK government's statutory powers and moreover the UK government failed to have due regard to public sector equality duties, as the measures would disproportionately impact upon ethnic minorities.

The thrust of CPAG's argument was that the purpose of housing benefit legislation was to ensure that people were not made homeless through inability to pay rent. Measures such as those proposed accordingly fell outside the statute's remit. The Court did not accept this. Supperstone J held "the purpose of the scheme is to assist claimants with rent, while also protecting the public purse...the scheme is designed to enable the Defendants to strike an appropriate balance between the interests of claimants and of taxpayers". He went on to hold that the UK government had given due regard to its equality duties, for example by making two equality impact assessments.

CPAG have described the judgment as "deeply disappointing...we believe this case shows the government's disregard for the likely impacts of its policies on families and children, and for the most disadvantaged groups in our society". They are studying the judgment before deciding on next steps.

Click here to view the judgment.

Click here to view a press release by CPAG.

Meanwhile, UK non-governmental organisation Scope cautions that a new assessment scheme in the UK may mean that over 2 million disabled people will lose their welfare support.

A "Personal Independence Payment" is to replace "Disability Allowance". Scope comments that its eligibility criteria assessment is flawed. Their Chief Executive Richard Hawkes commented that the assessment "should take into account how a disabled person's daily life is affected by barriers and extra costs such as poor housing, lack of public transport and a lack of a circle of friends or relatives."

Click here to view a piece by the Guardian.

Click here, here and here for more on litigation and socio-economic rights.

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