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Woman wins bedroom tax court case

Judges rule policy breaches her human rights

Campaigners celebrated a landmark win yesterday after Britain's human rights laws saved a Glasgow wheelchair user from the controversial bedroom tax.

The woman and her husband, who have asked not to be named, faced a 14 per cent cut to their housing benefit after Glasgow City Council told them they should share her specially adapted bedroom.

The woman, who has advanced multiple sclerosis, sleeps in a hospital-style bed with a tracking hoist and a "monkey pole" to assist her movement.

Her electric wheelchair is parked by the bed overnight, while her husband sleeps in a second bedroom.

Council officials carrying out the controversial "under-occupancy" measures had told the couple they would have to either suffer the cut, give up the husband's room to a lodger, or leave their wheelchair-adapted home.

But judge LD Boyd said the government's rules had failed "to take into account the difference between her and someone without disabilities."

Enforcing them would have breached her right to live free of discrimination on grounds of her disability, he said.

Govan Law Centre solicitor Mike Dailly said he was "delighted" for his client.

Disability campaigner Susan Archibald also welcomed the news, saying the win "couldn't have happened to a better person."

A painful and demanding condition like multiple sclerosis was typical of just how vulnerable the bedroom tax's victims were, she said.

"This will be the first of many - with each individual case, it's proved that the coalition is wrong to do this."

"We've just got to try and keep fighting," she said.

Scottish TUC deputy general secretary Dave Moxham said: "As was recognised by the UN rapporteur and confirmed by this case, there are significant human rights issues by the cruel bedroom tax which attempts to fiscally manage behaviours rather than create an equitable and workable housing policy.

"It is STUC's view that in Scotland, piece by piece, the bedroom tax will fall apart as it is subject to successful challenge, increased use of non-eviction policies and mitigation."

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