Camau cyfreithiol
Helping a couple to live in their home without restriction in the benefits they needed
Wedi ei gyhoeddi: 13 Tachwedd 2019
Diweddarwyd diwethaf: 13 Tachwedd 2019
I ba wledydd mae hyn yn berthnasol?
Manylion yr achos
| Nodwedd warchodedig | Anabledd, Rhyw |
|---|---|
| Mathau o hawliadau cydraddoldeb | Gwahaniaethu uniongyrchol |
| Llys neu dribiwnlys | Goruchaf Lys |
| Rhaid dilyn y penderfyniad i mewn | Lloegr, Alban, Cymru |
| Mae'r gyfraith yn berthnasol i | Lloegr, Alban, Cymru |
| Cyflwr yr achos | Wedi gorffen |
| Ein cyfranogiad | Ymyrraeth (adran 30 o Ddeddf Cydraddoldeb 2006) |
| Canlyniad | Barn |
| Meysydd o fywyd | Safonau byw |
| Public sector equality duty | Ie |
| Gyfraith Hawliau Dynol | Erthygl 8: Parch at eich bywyd preifat a theuluol, eich cartref a gohebiaeth |
| Website | Blog Goruchaf Lys y DU |
Enw achos: RR v Secretary of State for Work and Pensions
The appellant, RR, lived with his severely disabled partner in a two bedroomed rented social housing property for which he claimed housing benefit. The respondent local authority, Sefton Borough Council, applied regulation B13 and decided that, because they were a couple, they were only entitled to one bedroom.
The and his partner had their housing benefits limited under the so-called bedroom tax, but a judge at a tribunal found that the regulations were in breach of the couple’s rights under the Human Rights Act and dis-applied them.
RR appealed that his partner required a separate bedrooms because of her disabilities and her need to accommodate medical equipment and supplies.
Mater cyfreithiol
Do social security tribunals have the power to provide a remedy to benefits claimants in situations where the application of regulations breach their human rights?
Pam roedden ni'n cymryd rhan
This case came within our access to justice priority aim which was focused on ensuring that people can access redress when they are wronged.
Beth wnaethom ni
We provided evidence to the court (intervened) using our powers under section 30 of the Equality Act 2006.
Beth ddigwyddodd
The court found that public authorities and tribunals can, and indeed must, dis-apply secondary legislation that is incompatible with Convention rights. In this case, the tribunal was right to dis-apply Regulation B13 of the Housing Benefit Regulations 2006.
The bedroom tax was an unjustified discrimination on the ground of disability where there was a transparent need for an additional bedroom.
Pwy fydd yn elwa
The Supreme Court ruling clarified that social security tribunals have the power to disapply regulations which breach the Human Rights Act. This will benefit anyone whose human rights could be breached by regulations.
Dyddiad y gwrandawiad
Dyddiad dod i ben
Diweddariadau tudalennau
Cyhoeddwyd
13 Tachwedd 2019
Diweddarwyd diwethaf
13 Tachwedd 2019