The Supreme Court - looking at a Bedroom Tax case - has ruled that secondary legislation can be "disapplied" (ie ignored) where it conflicts with the Human Rights Act.
The judgement makes it clear that where secondary* legislation breaches the claimant’s Human Rights, a decision maker has the right to disapply a provision of that secondary legislation:indeed it appears to impose a duty on public bodies to act in such a manner.
So this is no longer an issue solely for Judicial Review.
*Secondary legislation includes the UC Regulations as well as the HB Regulations (as opposed to primary legislation such as the Welfare Reform Act ie an Act of Parliament).
This decision does not mean that the Bedroom Tax as a whole breaches Human Rights and is therefore unlawful – but makes it easier for those claimants who are affected by the Bedroom Tax to challenge it if they believe that in their situation the application of it breaches their Human Rights.
Some claimants living in a 'Sanctuary Scheme' or living in adapted/purpose build properties for whom it would be too difficult to move,can now appeal a Bedroom Tax reduction on the grounds that it breaches their Human Rights direct to their Local Authority / DWP.