about disability rights uk advisers benefits coalition on charging contact da disability benefits consortium home links membership policy and campaigns search shop site map skill website support da tax credits what's new

R (On The Application of Rjm) (Fc) V Secretary of State For Work and Pensions Appellate

This House of Lords judgement considers whether the failure to award the disability premium to a homeless claimant discriminated against him in the enjoyment of his possessions under Article 1 and Article 14 of the European Convention on Human Rights (ECHR).

The claimant had been in receipt of the disability premium as part of his income support until he became homeless. At that point, under paragraph 6 of Schedule 7 of the Income Support (General) Regulations 1987, he was not entitled to the disability premium.

The House of Lords held that the claimant’s assertion that he was wrongfully deprived of the disability premium fell, in principle, within Article 1 and that the discrimination, based on his homelessness, was covered by Article 14.

However the appeal was rejected on the grounds that the discrimination was justified because of Government policy regarding homeless people, which was that:

• removal of the disability premium encourages homeless people to seek shelter, and help, whilst the award of the premium makes it easier, in financial terms, for them to remain without accommodation
• disabled people without accommodation are less likely to need the disability premium because they do not need the premium to spend on heating and other household expenses.

More information

• r (on the application of rjm) (fc) v secretary of state for work and pensions appellate - link to judgement

back