A/HRC/25/54/Add.2 apply the deduction for her “spare” bedroom. The case was heard in September 2013 at a First-tier Tribunal and the presiding judge considered that the flat was not under-occupied, since because of her severe disability the woman is not in a condition to share a bedroom with her husband, who must have a bedroom of his own. The judge considered the appellant’s rights in relation to the Housing Benefit Regulations 2006 (as amended) under article 14 of the European Convention on Human Rights read in conjunction with article 1 of Protocol 1 of the Convention.67 52. Also in September 2013, another appeal about the reduction in housing benefit on the grounds of under-occupation was won, this time against Westminster City Council. A visually impaired barrister argued that a room in his flat classified as a second bedroom had never been used as one since it was where he stored vital equipment to aid him in his life and work. The judge based his decision on the definition of bedroom: “The term ‘bedroom’ is nowhere defined [in the relevant regulations]. I apply the ordinary English meaning. The room in question cannot be so defined.”68 53. On the other hand, 10 claims, consolidated in one case and which form the basis of an appeal listed for January 2014, concern the legality of amendments to the Housing Benefit Regulations. In this case, the High Court found that the changes were not discriminatory in the case of disabled adults and did not breach their human rights. The court did, however, criticize the Government for failing to act early enough to protect disabled children from the effects of the policy.69 2. Council Tax 54. From April 2013, local councils began to administer a Council Tax scheme for working-age households which were previously exempt. The Council Tax Benefit, which was payable to eligible households in part or total fulfilment of Council Tax was abolished as a national benefit, and the funding, minus 10 per cent, devolved to councils in order to establish localized Council Tax support schemes.70 Councils were given discretion to decide how much to charge low-income residents; in Southwark, London, for example, previously exempt residents are now required to pay 15 per of their Council Tax bill. The affected include persons with disabilities, war veterans, war widows and carers, who are receiving court summonses that could ultimately result in some of them being sent to prison.71 3. Local housing allowance 55. This allowance applies to all private tenants except those who have been continuously claiming the housing benefit in the same property since 7 April 2008. The amount of LHA received by a claimant depends on where he or she lives, but the local limits are now based on the 30th percentile of local market rents (previously they were based on the 50th percentile). There is also a maximum weekly rate of LHA based on the number of bedrooms a household qualifies for, ranging from 250 pounds for a one-bedroom property to 400 pounds for a four-bedroom property.72 Larger properties may still be rented, but only the LHA up to the maximum level for four bedrooms can be claimed. Furthermore, single childless people under 35 or sharing accommodation are entitled to LHA only at the 67 68 69 70 71 72 14 See the decision of the First-tier Tribunal (www.govanlc.com/CaseF.pdf). Lall v. Westminster City Council, SC242/13/09744, 20 September 2013. See www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/ma-ors-v-sofs-works-pensionsfinal-230713.pdf. See www.londoncouncils.gov.uk/policylobbying/welfarereforms/counciltax/default.htm. See www.theguardian.com/money/2013/oct/18/thousands-court-council-tax. See details at https://www.gov.uk/housing-benefit.