Carmichael v Secretary of State for Work and Pensions [2016]

Social sector housing tenants appealing against decisions they were not entitled to receive costs to cover the cost of "spare"  bedrooms in their homes ("bedroom tax").  Their claim is that the additional room is not spare but is required on the grounds that the couples involved either could not sleep in the same room due to disability of one or other of them or that it was required to house essential medical equipment.

The appeal asserted that the decision not to cover the costs of this "spare" room:

- violates their right to non-discrimination under article 14 of the European Convention on Human Rights (“ECHR”), in conjunction with their right to family life under article 8 and/or property under article 1 of the First Protocol .

- is  a breach by the Secretary of State of the Public Sector Equality Duty (“PSED”) under the Equality Act 2010 (the “Equality Act”), which obliges public authorities to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share protected characteristics and those that do not.

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Press Summary of Carmichael v Secretary of State for Work and Pensions at the Supreme Court

Entry for Carmichael v SSWP on the Supreme Court Website

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RR v Secretary of State for Work and Pensions (Respondent) - The Supreme Court

[2019] UKSC 52 On appeal from [2018] UKUT 355 (AAC)

RR lives with his severely disabled partner in a two bedroomed social housing property for which he claims housing benefit. They require separate bedrooms because of her disabilities and her need to accommodate medical equipment and supplies. In 2013 his local authority applied the discount to his housing benefit required by Regulation B13. He appealed to the FTT which found that he had suffered unjustified discrimination. To avoid this discrimination the FTT held that regulation B13(5)(a) should be read so as to apply to persons in RR’s position, pursuant to s 3 of the Human Rights Act 1988 (‘HRA’).

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Press Summary of RR v Secretary of State for Work and Pensions at the Supreme Court

Entry for Carmichael v SSWP on the Supreme Court Website