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Ministers must make sure disabled people's housing is fit for the support they need

30 Gorffennaf 2013

The High Court has today dismissed a court challenge to the under-occupancy penalty, ruling that is does not discriminate against disabled people.

Gillian Guy, Citizens Advice Chief Executive, said:

“Ministers must not rest on their laurels after today’s ruling. It’s right that legal process has been followed but the new policy will still have a damaging impact on hundreds of thousands of families. Ministers should take the challenge to their policy as a sign of how hard many disabled people will find dealing with changes to housing payments.   

“Despite today's ruling, ministers still have a responsibility to make sure disabled people's housing is fit to give them the targeted support they need.

“For many disabled people and their families, having a second bedroom is not a luxury but an indispensible necessity.

“The under-occupancy penalty is an upside down approach to policy-making which doesn’t get to the root cause of why housing benefit costs have increased. We have a chronic shortage of affordable housing in the UK with 1.7 million households on housing waiting lists.

“The current policy puts enormous pressure on a small number of households.  Addressing one symptom of the UK’s inadequate housing stock without tackling the root cause of the problem risks putting unfair and unmanageable pressure on certain families.  

“Today’s ruling shows how important it is for people to be able to challenge Government decisions in the courts.  Ministers must not use this case as an excuse to renew their attacks on Judicial Review.  Without Judicial Review, families affected by the under-occupancy penalty may well have been unable to access basic fairness through the courts.”

Notes to editors:

  1. The Citizens Advice service comprises a network of local bureaux, all of which are independent charities, the Citizens Advice consumer service and national charity Citizens Advice. Together we help people resolve their money, legal and other problems by providing information and advice and by influencing policymakers. For more see the Citizens Advice website.
  2. The advice provided by the Citizens Advice service is free, independent, confidential, and impartial, and available to everyone regardless of race, gender, disability, sexual orientation, religion, age or nationality.
  3. To find your local bureau in England and Wales, visit citizensadvice.org.uk. You can also get advice online at adviceguide.org.uk
  4. You can get consumer advice from the Citizens Advice consumer service on 03454 04 05 06 or 03454 04 05 05 for Welsh language speakers
  5. Citizens Advice Bureaux in England and Wales advised 2.3 million clients on 5.4 million problems from October 2013 to September 2014. For full 2013/2014  service statistics see our quarterly publication Advice trends
  6. Citizens Advice service staff are supported by more than 21,000 trained volunteers, working at over 3,000 service outlets across England and Wales.