The "bedroom tax" in the Supreme Court: disability discrimination and "transparent medical need"

TY - JOUR

T1 - The "bedroom tax" in the Supreme Court: disability discrimination and "transparent medical need"

AU - Meers, Jed Graham

PY - 2017

Y1 - 2017

N2 - Discusses R. (on the application of Carmichael) v Secretary of State for Work and Pensions (SC) in which the claimants challenged their housing benefit reduction caused by the bedroom tax. Comments that the court should have focused on the discriminatory impact on the claimants rather than the reasonableness of the scheme's design when applying the "manifestly without reasonable foundation " test. Considers the court's distinction between those with a transparent medical need for an additional bedroom and those with a social need. Highlights the lack of attention afforded to the United Nations Convention on the Rights of Persons with Disabilities 2006.

AB - Discusses R. (on the application of Carmichael) v Secretary of State for Work and Pensions (SC) in which the claimants challenged their housing benefit reduction caused by the bedroom tax. Comments that the court should have focused on the discriminatory impact on the claimants rather than the reasonableness of the scheme's design when applying the "manifestly without reasonable foundation " test. Considers the court's distinction between those with a transparent medical need for an additional bedroom and those with a social need. Highlights the lack of attention afforded to the United Nations Convention on the Rights of Persons with Disabilities 2006.

U2 - 10.1080/09649069.2016.1272791

DO - 10.1080/09649069.2016.1272791

M3 - Comment/debate

SN - 0964-9069

VL - 39

SP - 112

EP - 114

JO - Journal of Social Welfare and Family Law

JF - Journal of Social Welfare and Family Law

IS - 1

ER -