An amendment to the bedroom tax regulations exempting disabled children from the bedroom tax was defeated in the Lords by 185 votes to 154.
The amendment was moved by Baroness Jones of Whitchurch:
57BC: Before Clause 80, insert the following new Clause—
“Welfare of children: housing benefit
(1) The Housing Benefit (Amendment) Regulations 2006 are amended as follows.
(2) In regulation B13 (determination of maximum rent (social sector)), inserted by regulation 5 of the Housing Benefit (Amendment) Regulations 2012—
(a) in paragraph (5), at beginning insert “Subject to paragraph (5A)”; and
(b) after paragraph (5) insert—
“(5A) The relevant authority shall make a determination that the restriction to one bedroom under paragraph (5) does not apply if it is in the interests of the welfare of a child or the children living in the dwelling to make such a determination.””
Currently, following Burnip v Birmingham City Council, the bedroom tax rules do not apply where two children cannot share a room because of disability.
This amendment would have allowed local authorities to put the welfare of the child first when assessing the appropriate occupancy level in a home. So far the bedroom tax has resulted in an estimated 150,000 families with children being affected. Research shows that children who are forced to move home, away from settled communities and their schooling, suffer health problems and have poorer educational outcomes whilst families who stay put suffer an average loss of income of £14 a week, with much higher losses for many, impacting on their ability to feed and clothe their children.
You can view the House of Lords debate at http://www.publications.parliament.uk/pa/ld201314/ldhansrd/text/140129-0002.htm#14012963000540
Disability Rights UK, in its response to draft bedroom tax regulations, wanted the protection to be extended to all children on Disability Living Allowance, whatever the component, at the very least, but also recommended that the law be changed to include all disabled children where it would be inappropriate for them to share a bedroom because of their disability. You can find out more at http://disabilityrightsuk.org/news/2013/november/bedroom-tax-law-fails-disabled-children