An MS sufferer who was told that she cannot cannot share a bedroom with her partner because of disability has won a landmark ruling which stated that reducing her welfare benefits under the bedroom tax is a breach of her human rights.

The woman won her appeal against Glasgow City Council’s decision to apply the 14 per cent deduction for her “spare” bedroom at a tribunal hearing.

Her name has been omitted from the judgment to protect her privacy.

It was then ruled by the presiding judge that imposing bedroom tax on her would be in breach of her rights because her disability meant her husband had to use the second bedroom. It is thought to be the first legal decision of its kind over the tax.

The judge said the bedroom tax should not apply “where separate bedrooms are needed for members of a couple who, in absence of a severe disability, could reasonably be expected to share a single room”.
The council ruling followed a Court of Appeal case in March which found the policy should not apply to children who could not share a bedroom because of their disability.

In this case, the woman’s husband had to sleep in the second bedroom because of the adaptations. He provided care for her overnight.
But despite that, the woman was told that her benefits would be deducted under the bedroom tax when it came into force in April. She was not granted discretionary housing payment and subsequently fell into arrears in July.

However, a spokesman for the Department for Work and Pensions remained defiant and said: “We will need to look at this decision in detail, but in July the divisional court ruled that the department had fulfilled its equality duties to disabled people who are affected by the policy.”