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Legal Challenges to Welfare Reform

Bedroom Tax

The judicial review of the ‘bedroom tax’ (reduction of housing benefit for under-occupation of social housing) was heard 15th to 17th May 2013, involving five disabled adults and five disabled children.

The judgement was handed down on 30th July by the High Court, who found that the new benefit regulations are lawful, apart from in cases of disabled children unable to share a bedroom for disability reasons. Lawyers for disabled adults intend to appeal.

Disability Rights UK Factsheet 57

Personal Independence Payment (PIP) 20 metre case

The judicial review of the 20 metre distance criterion for the enhanced mobility component of PIP for people with walking difficulties is to be heard on 24th to 25th July 2013

Disability Rights UK Press Release

On 17 June Department for Work and Pensions (DWP) announced a further consultation on the mobility component of PIP to be launched late June 2013.

DWP to launch PIP Mobility Consultation

On 24th June 2013, DWP launched a consultation on the PIP assessment ‘moving around activity’. The deadline is 5th August 2013.”

Consultation on the PIP assessment 'moving around' activity

Employment and Support Allowance (ESA) Work Capability Assessment (WCA)

In a legal challenge in May 2013, the judgement went against the Government. The judge found that the WCA process disadvantages claimants with mental ill health, learning difficulties and autism. The judge held that claimants are disadvantaged by the requirement to collect and provide medical evidence themselves and that DWP should do more to ensure it is collected and considered in the decision making process. DWP has said it will appeal.

Public Law Project PDF Press Release

Independent Living Fund

In April 2013, five ILF users lost the judicial review to prevent closure of the fund, which supports them to live independently. They aim to appeal.

Carer Watch's Blog

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