4.5.3 What was the outcome? The cases were then taken to the Court of Appeal in 2012. The Court agreed that the housing benefit regulations about the number of rooms that people could get LHA for discriminated against Disabled People because they did not state that a Disabled needs are different Person’s to those of a non-Disabled Person. The Court ruled that the “without benefit of the extra room rate, Disabled People would be left in a worse position than an able bodied person living This point arises from alone”. their rights under the Equality Act 2010. Winning the cases affirmed their rights under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD was not used in the cases, but lawyers said that it could have been used to resolve any uncertainty in the interpretation of the Human Rights Act if they had needed it. In 2011 the LHA regulations were changed so that Disabled People who needed an extra bedroom for their personal assistance could get extra LHA. The DWP did plan to appeal the decision of the Court of Appeal about disabled children (the Gorry case). In March 2013 they withdrew the appeal. They also announced that local authorities should allow an extra bedroom for children who are unable to share because of their impairment. (Inside Housing,13th March 2013). The law has not been changed for Disabled People whose partner may need an extra bedroom. 4.5.4 This section has given information about some of the legal cases that have used equality legislation to fight against cuts to the benefits and services that Disabled People need to live their daily lives. Some of the examples did not involve Disabled People going to court. These examples show how the laws can be used to make complaints and build campaigns to stop changes.
4.5.3 What was the outcome? The cases were then taken to the Court of Appeal in 2012. The Court agreed that the housing benefit regulations about the number of rooms that people could get LHA for discriminated against Disabled People because they did not state that a Disabled Person’s needs are different to those of a non-Disabled Person. The Court ruled that “without the benefit of the extra room rate, Disabled People would be left in a worse position than an able bodied person living alone”. This point arises from their rights under the Equality Act 2010. Winning the cases affirmed their rights under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD was not used in the cases, but lawyers said that it could have been used to resolve any uncertainty in the interpretation of the Human Rights Act if they had needed it. In 2011 the LHA regulations were changed so that Disabled People who needed an extra bedroom for their personal assistance could get extra LHA. The DWP did plan to appeal the decision of the Court of Appeal about disabled children (the Gorry case). In March 2013 they withdrew the appeal. They also announced that local authorities should allow an extra bedroom for children who are unable to share because of their impairment. (Inside Housing,13th March 2013). The law has not been changed for Disabled People whose partner may need an extra bedroom. 4.5.4 This section has given information about some of the legal cases that have used equality legislation to fight against cuts to the benefits and services that Disabled People need to live their daily lives. Some of the examples did not involve Disabled People going to court. These examples show how the laws can be used to make complaints and build campaigns to stop changes.