tag:blogger.com,1999:blog-4486641877026778105.post2860128731613788880..comments2024-03-27T09:14:27.496+00:00Comments on All That Is Solid ...: Bedroom Tax at the High CourtPhilhttp://www.blogger.com/profile/06298147857234479278noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4486641877026778105.post-26095091204424514322013-08-02T21:05:10.007+01:002013-08-02T21:05:10.007+01:00Well, I hope you're right Andy. As you may hav...Well, I hope you're right Andy. As you may have gathered from the post, I was not under the impression that discretionary housing benefit was time-limited.Philhttps://www.blogger.com/profile/06298147857234479278noreply@blogger.comtag:blogger.com,1999:blog-4486641877026778105.post-52843453713109869332013-07-30T22:57:03.558+01:002013-07-30T22:57:03.558+01:00I disagree.
I haven't seen the full decision ...I disagree.<br /><br />I haven't seen the full decision yet so I'm going from media reports but I understand that part of the judges' reasoning is that Discretionary Housing Payments can take up the slack.<br /><br />Such reasoning fundamentally misunderstands the nature of the DHP scheme in that it is discretionary (in effect there are no rules as to how it is allocated) and also cash limited to an extent that it has no possibility of replacing the losses caused by the bedroom tax. In no whatsoever does it provide ANYONE with an exemption from the BT.<br /><br />While it does show cunning on the government's part to dump the problem on local authorities, aided by some carefully placed misinformation implying that exemptions are available, in reality it has left councils with a problem without providing the with the tools to deal with it. As such, the fundamental scheme is still discriminatory because of the disproportionate effect on disabled people.<br /><br />Unfortunately the High Court is not very good at dealing with benefits law, it's a rather specialist field with no money in it so few lawyers build up the expertise and so there are few knowledgeable judges. Most of the expertise is with judges sitting in the Upper Tribunal. It's interesting that a judicial review of the WCA was heard in the Upper Tribunal recently. I don't know how it's decided which cases go to the High Court and which go to the UT.<br /><br />Another factor is that there is considerable tension between the government and the courts over the latter's power to strike down legislation. The judges in this case shied away from doing so, the Appeal Court tends to be a little more robust.<br /><br />I personally think there is a very real chance of this decision being overturned by the Appeal Court. Obviously nobody can be certain but I'm glad they're pushing ahead with it.Andyhttps://www.blogger.com/profile/03710776765139258627noreply@blogger.com