Woman loses her ‘bedroom tax’ case court fight

A WOMAN with a severe learning disability and “autistic traits” has lost a “bedroom tax” battle at the Court of Session.

The Glasgow female, called IB in legal documents, was taken to the Edinburgh court earlier this year by lawyers acting for Work and Pensions Secretary Damian Green.

The 56-year-old woman had been told after the introduction of the bedroom tax policy in 2013 that her housing benefit would be reduced by 25 per cent.

Glasgow City Council, which administered her benefit, said her property had four bedrooms. It interpreted the bedroom tax rules and said she had two bedrooms more than she was using.

The council then ordered a 25 per cent cut in her benefit.

Her lawyers argued before two appeal tribunals the council was wrong. They said one bedroom had been turned into a living room where the woman watched TV and listened to music.

Court of Session judges Lady Clark of Calton, Lord Brodie and Lord Glennie, agreed with the arguments made by Government lawyers. In the judgment delivered by Lady Clark, they stated the tribunals had made the wrong decision.

Lady Clark wrote: “We consider that what is required in assessing whether a room is a bedroom is an objective assessment of the property as vacant which is not related to the residents of the property or what their actual use or needs might be.

“The use and needs of the residents may vary from time to time and the number of residents may also vary.

“This may lead to what might be regarded as overcrowding or under occupation at a particular time.”