Supreme Court rules on unlawfulness of bedroom tax
R (on the application of Rutherford and another) v Secretary of State for Work and Pensions  UKSC 58, 9 November 2016
The Carmichael case concerned Mrs Carmichael, who had spina bifida and needed a separate bedroom with a special hospital-type
bed. Lord Toulson noted that this was analogous to the case of
Gorry v Wiltshire County Council in
Burnip v Birmingham City Council  EWCA Civ 629, in which the Court previously held that Regulation B13 discriminated against two children of the same
sex who could not share a bedroom due to severe disabilities. His Lordship could not “
see a sensible reason for distinguishing between adult partners who cannot share a bedroom because of disability and children
who cannot do so because of disability”
, and held that there was no reasonable justification for the difference of treatment (paragraph 46).
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