A/HRC/25/54/Add.2
including in July 2013. The government in Scotland increased the DHP budget awarded by
the Department for Work and Pensions to Scottish local authorities for 2013 and 2014, to
the maximum amount allowed. These payments are not designed to, and could never
compensate for, the amount of money being removed from benefit entitlement. According
to Shelter-Scotland, “the purpose of DHPs has fundamentally changed, and this pot of
money is now critical to the successful delivery of the Coalition government’s welfare
reforms”.62
49.
Social landlords and residents in numerous meetings informed the Special
Rapporteur that the increase in rent arrears was a key concern raised prior to this reform
entering into force. Indeed, some reports already show that rent arrears have risen since
April 2013, as people fight to stay in the house they have lived in throughout their lives. 63
In the face of hard choices, between food, heating or paying the rent, many testimonies to
the Special Rapporteur placed a strong value on staying in and saving a home. Some
mothers in their 50s talked about their homes as the place they had raised their children and
lived their lives. Many felt targeted and forced to give up their neighbourhoods, their carers
and their safety net. While in principle the policy does not force people to move, the reality
of people’s experience, many of whom are working people with no income to spare, left no
doubt in the Special Rapporteur’s mind that many have no other option, which has left them
in tremendous despair.
50.
According to one assessment, three of the original four key assumptions of the
Department for Work and Pensions should be re-examined in light of real data available
from housing organizations since 1 April 2013, especially the assumption that the policy
would reduce the housing benefit expenditure.64 While the Department’s model predicted
savings of 480 million pounds in 2013/14, based on real data and taking into account
regional variations in impact, the total savings are reduced by 33 per cent — amounting to
160 million less. In addition, the report argues, the Department’s model does not contain
key factors likely to influence the level of savings from the policy, while also not taking
into account the additional costs incurred under the policy by local authorities and thirdsector organizations, which were not included in the Government’s assessments.65 In a
similar vein, a recent analysis concluded that the factors keeping people in their homes,
even if rent arrears build up, far outweigh the impact of the policy. It also noted that at least
one third of one-bedroom properties in the social sector are needed to house the homeless
and cannot be made available for those individuals who are facing benefit cuts.66
51.
The nature of this reform and its impact on the human rights of individuals and
families has been and continues to be a matter of judicial review. The first reported
successful challenge on human rights grounds involved a couple in Glasgow. They suffered
a 14 per cent cut to their housing benefit for living in a two-bedroom home. The woman,
who has multiple sclerosis, won her appeal against the Glasgow City Council’s decision to
62
63
64
65
66
Shelter-Scotland, “Allocating Discretionary Housing Payments (DHPs) in Scotland” (2013), p. 2.
See the NHF statement on the six-month anniversary of the bedroom tax, 30 September 2013. See
also Suzanne Fitzpatrick et al., The Homelessness Monitor: England 2013 (Crisis, 2013).
Rebecca Tunstall, “Testing DWP’s assessment of the impact of the social rented sector size criterion on
housing benefit costs and other factors” (Centre for Housing Policy, University of York, 2013), p. 3.
The Government noted that it recognizes that there could be circumstances where the policy
generates smaller or greater savings, due inevitably to some uncertainty about how claimants and
social landlords will react to this change. Hence, the Government has informed the Special
Rapporteur that it has commissioned an assessment by an independent consortium, to monitor the
effects of this measure over two years, with initial findings available in 2014 and a final report
published in late 2015.
Scotland, Welfare Reform Committee, “The ‘bedroom tax’”, paras. 51 and 84.
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