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Court challenge to benefit changes for 'secure' housing | Court challenge to benefit changes for 'secure' housing |
(about 1 hour later) | |
Housing benefit changes should not apply to people who have had their accommodation adapted to protect them from a violent ex-partner, lawyers will argue later. | Housing benefit changes should not apply to people who have had their accommodation adapted to protect them from a violent ex-partner, lawyers will argue later. |
The High Court will consider a judicial review challenge to what critics call the "bedroom tax" and supporters call "removing the spare room subsidy". | The High Court will consider a judicial review challenge to what critics call the "bedroom tax" and supporters call "removing the spare room subsidy". |
The claimant and her son say they need their adapted third room, but now only receive benefit for a two-bedroom home. | The claimant and her son say they need their adapted third room, but now only receive benefit for a two-bedroom home. |
Ministers are defending the claim. | Ministers are defending the claim. |
They say millions of pounds have been made available for council help in the form of the discretionary payment fund. | |
The woman who has brought the case, known only as "A" for her own safety, has been raped, assaulted, harassed and stalked by an ex-partner. | The woman who has brought the case, known only as "A" for her own safety, has been raped, assaulted, harassed and stalked by an ex-partner. |
As part of a sanctuary scheme, she and her son live in a three-bedroom home in which one room has been specially adapted as a safe and secure space by the police. | As part of a sanctuary scheme, she and her son live in a three-bedroom home in which one room has been specially adapted as a safe and secure space by the police. |
Under new rules, the woman and her son receive housing benefit for a two-bedroom property, which means a reduction in income of 14%. | Under new rules, the woman and her son receive housing benefit for a two-bedroom property, which means a reduction in income of 14%. |
The converted accommodation also includes a steel door and a fire-proof letter box. | The converted accommodation also includes a steel door and a fire-proof letter box. |
'Matter of principle' | |
The case was raised by Labour leader Ed Miliband in the House of Commons. During prime minister's questions, who asked: "The government is going to court against a victim of domestic violence... can he just remind us why that's the right thing to do?" | |
In reply, David Cameron drew his attention to the discretionary fund but Mr Miliband responded: "Many of these victims of domestic violence are not getting the hardship payment. | |
"Protecting victims of domestic violence should not be a matter of discretion - it is a matter of principle." | |
The government says it has made nearly £350m available for local authorities to help in such cases. | The government says it has made nearly £350m available for local authorities to help in such cases. |
A spokesman for the Department for Work and Pensions said it understood the council awarded a payment to make up a shortfall in rent. | A spokesman for the Department for Work and Pensions said it understood the council awarded a payment to make up a shortfall in rent. |
The spokesman added that victims of domestic violence living in supported accommodation, such as a woman's refuge, are exempt from the removal of the spare room subsidy. | The spokesman added that victims of domestic violence living in supported accommodation, such as a woman's refuge, are exempt from the removal of the spare room subsidy. |
'Life at risk' | |
Work and Pensions Secretary Iain Duncan Smith is defending the claim, having unsuccessfully argued at a hearing in June that it should be dismissed. | |
The woman's solicitor Rebekah Carrier said Freedom of Information requests had revealed around 300 households are in a similar situation, and 80% of those are not getting the discretionary fund. | The woman's solicitor Rebekah Carrier said Freedom of Information requests had revealed around 300 households are in a similar situation, and 80% of those are not getting the discretionary fund. |
"These changes to housing benefit are having a catastrophic impact upon vulnerable people across the country," she said. | "These changes to housing benefit are having a catastrophic impact upon vulnerable people across the country," she said. |
"Our client's life is at risk and she is terrified. She lives in a property which has been specially adapted by the police, at great expense, to protect her and her child. | "Our client's life is at risk and she is terrified. She lives in a property which has been specially adapted by the police, at great expense, to protect her and her child. |
"It is ridiculous that she is now being told she must move to another property, where she will not have any of these protections, or else take in a lodger. | "It is ridiculous that she is now being told she must move to another property, where she will not have any of these protections, or else take in a lodger. |
"She is a vulnerable single parent who has been a victim of rape and assault. The secretary of state cannot seriously suggest that it is appropriate for her to take a stranger into her home." | "She is a vulnerable single parent who has been a victim of rape and assault. The secretary of state cannot seriously suggest that it is appropriate for her to take a stranger into her home." |
The claim is being supported by domestic violence charity Women's Aid. | The claim is being supported by domestic violence charity Women's Aid. |