Is having adaptations grounds to appeal the bedroom tax.

Hi

I have a client who is part of a couple.  They are having the bedroom tax applied to them because they live in a two bedroom property.  They are both disabled.  However, the property has adaptations and this is why they were provided with it.

Is this grounds for an appeal?

Thanks

can the adaptions be used to argue the bedroom is no longer a bedroom i.e. is it now full of equipment or other devices?

mmmmmmmmmmm .................. I have telephoned the client again and the adaptations aren’t very extensive.  They were allocated the property because it had a wet room.  However, the wet room wasn’t draining fully and a bath had to be installed.  It is now a bath and shower combined with hand rails on the side.

(a) They are in a very high priority for DHP - almost to the point where there is not discretion and a refusal could be challenged.
(b) Given that they were allocated the accommodation,  I can see an argument for an appeal based on disability discrimination on the basis that they were specifically allotted accommodation suitable for a couple with a disability in line with the LA Allocation policy and the same LA is now penalising them in a situation where they are unable to move (unless there is a surplus of disabled accommodation with just one room?). A non-disabled couple might be able to move, and chose from a range of accommodation but this couple do not have that choice. 

It would be Thilimmenos discrimination (failure to treat claimants in different circs so as to take into account those differing circs and needs) and it would not be the strongest case but a definite possibility.  Ruth

Ruth Knox - 01 August 2014 05:02 PM

(a) They are in a very high priority for DHP - almost to the point where there is not discretion and a refusal could be challenged.
(b) Given that they were allocated the accommodation,  I can see an argument for an appeal based on disability discrimination on the basis that they were specifically allotted accommodation suitable for a couple with a disability in line with the LA Allocation policy and the same LA is now penalising them in a situation where they are unable to move (unless there is a surplus of disabled accommodation with just one room?). A non-disabled couple might be able to move, and chose from a range of accommodation but this couple do not have that choice. 

It would be Thilimmenos discrimination (failure to treat claimants in different circs so as to take into account those differing circs and needs) and it would not be the strongest case but a definite possibility.  Ruth

Thanks for your help, is there any case law about a situation such as this?