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

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JournalJournal of Social Welfare and Family Law
DatePublished - 2017
Issue number1
Pages (from-to)112-114
Original languageEnglish


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.

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