A tribunal has found a couple, who had been assessed as
having one bedroom and one spare room, should qualify for local housing
allowance (LHA) under the two-bedroom rate.
The couple were not able to share a room due to their disabilities. This
was not taken into account by the local authority, and the second bedroom was
treated as ‘spare’ for the calculation of LHA. But the judge in the appeal
ruled applying the legislation in this way indirectly discriminates against
couples who are disabled by not distinguishing them from able-bodied
couples. On this basis, he found a
breach of article 14 of the European Convention on Human Rights, which could
not be justified. Read more on Inside Housing.
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