How we're fighting back Disability Benefits
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PRESS RELEASE: Anti-cuts group vows to keep campaigning despite bedroom tax appeal set-back
Tuesday, 20 January 2015 22:11
PRESS RELEASE 20/01/2015 FOR IMMEDIATE RELEASE ANTI-CUTS GROUP VOWS TO KEEP CAMPAIGNING DESPITE BEDROOM TAX APPEAL SET-BACK Summary: Campaigners from Stroud Against the Cuts have expressed both disappointment and determination following a decision from a Judge at Cheltenham Social Entitlement Tribunal to uphold the imposition of the under occupancy charge or ‘bedroom tax’ on a tenant, Ms Maria Shelley, who had appealed on the grounds that the room was too small and used to store equipment related to her disabilities (1). On Monday 12th January 2015, Judge A D Walker heard submissions by Stroud District Council and Ms Shelley – who was supported by James Beecher from Stroud Against the Cuts and Mark Polgrean-Smith from Marah – with regard to a “spare bedroom” at a house in Uplands. On Friday 16th January campaigners received the Judge’s decision to uphold “The Local Authority’s decision to reduce the eligible [housing benefit payable to meet] rent by 14%, £12.86 p/w […] as she is under occupying the property by one bedroom” (2). Ms Shelley had argued that the room should not have counted as a spare bedroom as it measured only “a maximum of 67.7 square feet” (3). Ms Shelley’s submission added that the room had “never been used as a bedroom, being used instead for storage – including a wheelchair, a zimmer-frame, and crutches”. Around the country, other tenants affected by the bedroom tax have won appeals against it (4) where, for instance, their rooms are smaller than 70 sq ft – the minimum size suggested by The Housing Act 1985 for rooms used as bedrooms by an individual adult (5). SDC argued that a room can be counted as a bedroom if it is large enough to accommodate a single bed. James Beecher, a volunteer co-ordinator of SATC said, ‘Of course we are disappointed that the judge has ruled that despite not being used as one, this small room “was a bedroom for the purposes of the legislation”. It is particularly frustrating given that Upper Tribunal Judges recently described the idea that “any room will be a bedroom for the purposes of the regulation if its floor space is big enough to accommodate a single bed” as “absurd” (6). However, we are confident that the work Marah, Cllr Caroline Molloy and I did with Maria has contributed to substantially improving her situation.' He added: 'We are supporting another tenant whose “spare bedroom” is needed for his son to stay regularly to make an appeal and urge those affected by the bedroom tax to contact us on 07734 058789 or via This e-mail address is being protected from spambots. You need JavaScript enabled to view it so we can discuss whether they might have a case, help them apply for council hardship money (Discretionary Housing Payment or DHP), or assist them in working with other local organisations.’ (7) Green Cllr Caroline Molloy and one of SATC’s volunteer co-ordinators said: “I’m disappointed that Ms Shelley’s appeal to cancel the imposition of the bedroom tax was unsuccessful, but I would encourage tenants who feel their rooms aren’t “spare bedrooms” to approach us for help – as there has been considerable variation in Tribunal Judgements and there is other help available as well. I’m pleased Ms Shelley has found a new council home and her arrears have been written off, as a result of the good work SATC and Marah have been doing, and pressure that Green councillors have been applying from the outset. There is still much room for improvement in how the council manages this cruel and counterproductive tax. I continue to push for better help for tenants, including more compassionate, evidence-based and common-sense policies”.
Chris Moore, one of SATC’s volunteer co-ordinators said, ‘Maria’s case is an example of how disabled people are being disproportionately affected by cuts in housing benefit due to the Bedroom Tax, meaning rent arrears build up. SATC has consistently explained that disabled people and others should not have to go through this stressful process simply to be able to be suitably housed and no-one should face the threat of eviction (8). The lack of available suitable accommodation means people often have housing benefit cut through no fault of their own. SATC believes this unfair tax should be scrapped and will continue to support those affected. Campaigners in Scotland forced the government to effectively cancel the bedroom tax by paying to meet shortfalls in rent, and we will continue to apply pressure to kill the tax in the rest of the UK (9)’
Maria Shelley, “I’d like to say thank-you to James, Mark and Caroline for all their support I have had with the bedroom tax.” Mark Polgrean-Smith, a client support worker at voluntary organisation Marah (10) which works with the marginalised in Stroud, said: “Our priority at Marah is the client, and we will continue to do everything we can to assist in any way”. [Please click "Read More" for the notes for editors] |
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