Two grandparents and their severely disabled grandson hit by the bedroom tax won the right today to take their case to the Court of Appeal. The Court ruled that the Rutherford family, who appeared on the BBC documentary Saints and Scroungers, should have their appeal heard before the end of the year.
They argue that the bedroom tax unlawfully discriminates against seriously disabled children requiring overnight care.
Their case will be heard at the same time as another appeal, brought by a victim of domestic violence known only as ‘A’ in order to protect her identity. Her appeal concerns the effect of the policy on women living in ‘Sanctuary Scheme’ homes – properties which are specially adapted because of risks to the lives and physical safety of women and children who live in them.
The Secretary of State for Work and Pensions, Iain Duncan Smith, unsuccessfully argued that the appeals should not proceed at a hearing which took place earlier this month (2nd July), before Lord Justice Underhill and Lord Justice Stanley Burnton. Today, the Lord Justices handed down their judgment rejecting the Secretary of State’s arguments and ruling that the appeals are arguable, that they raise points of significant public importance and must be considered at a full Court of Appeal hearing as a matter of urgency. The case will be heard quickly so that it can be joined with other test cases due to be heard by the Supreme Court in March next year.
Read the rest of this article from the Child Poverty Action Group’s website here: http://www.cpag.org.uk/content/bedroom-tax-saints-take-fight-court-appeal