Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what recent assessment she has made of the availability of judicial legal remedies below High Court level for disabled people to challenge the under-occupancy penalty on the grounds of discrimination.

Disabled people can challenge the regulations underpinning the Removal of the Spare Room Subsidy on the basis of discrimination by way of judicial review and seek a remedy (including damages for breach of the Human Rights Act). They can also ask the County Court to award damages for a breach of the Human Rights Act if it is found that they have been discriminated against under such regulations.