Rebecca Evans AM, Assembly Member for Mid and West Wales, has backed the Rutherford family in their fight against the bedroom tax.
Speaking in a Senedd debate to mark Carers Week, Mrs Evans argued that warm words about carers mean nothing without action from politicians. She said:
“We all praise the army of carers who selflessly dedicate their lives to supporting and looking after their family members and friends. We talk about the economic value of their work and recognise that, without their contribution, our health and social care services would collapse. We pay tribute to their commitment, dedication and the sacrifices that they make. We call them heroes. However, actually, these words mean nothing if we do not back them up with policies and legislation that support carers to keep on caring and have the chance of some kind of life for themselves as well.
“I am proud of our approach in Wales. The Social Services and Well-being (Wales) Act 2014 will transform the way in which social services are delivered, providing new rights for carers to ensure that they receive the help that they need. It will also require assessments for carers and the development of care plans that can include respite care, and we how important that is.”
Mrs Evans explained that the new Welsh Act comes against the backdrop of welfare reform, where carers of disabled people may lose their entitlement to carers allowances as a result of the move from disability living allowance to the personal independence payment. Under universal credit, a carer will be entitled only to a carer or disability element—not both—leaving some carers with health problems worse off.
She said:
“The reform that I particularly want to focus my attention on this afternoon is the bedroom tax, and the indefensible fact that families with disabled children are not exempt from it and that this penalises carers. Members will be familiar with the case of my constituents, Paul and Sue Rutherford—grandparents and full-time carers to Warren, a 14-year-old boy with a rare genetic disorder, as well as epilepsy, severe learning disabilities and skeletal problems. His disabilities affect every single part of his life and he needs round-the-clock care. A couple of weeks ago, Paul and Sue lost their case in the High Court against the bedroom tax.
“The Prime Minister makes great play of the suggestion that disabled people are exempt from the bedroom tax. However, if this were the case, the Rutherfords would never have even been in court, because they are both disabled themselves.”
In fact, there are only two very narrow circumstances under which disabled people are exempt. Some children who cannot share with their siblings are exempt, as are some adults who need a room for overnight carers. Mrs Evans told AMs that the heads of 18 major charities told the Prime Minister in an open letter that his claims have caused frustration and given families false hope, but there have been no moves to rectify this.
Mrs Evans said: “The Rutherfords are fighters and, after a huge media campaign, they eventually won discretionary housing payments to make up the bedroom tax shortfall. They face the same fight next year and the year after, and the year after that. However, they did not take this case on for themselves; they took the case forward for all the carers of disabled children in their situation who just do not have the fight in them.
“The absurdity of this is that Warren’s grandparents, his carers, are being penalised for under-occupying a home specifically built for Warren by the local authority, with Welsh Government funding, to fit the severity of his needs. What a waste if he was forced to downsize and have all of that built again and the bespoke adaptations ripped out because another family did not need them.
“They do not even have a spare room. Warren’s needs are such that he needs around-the-clock, 2:1 care from carers. Paul and Sue provide the bulk of that care, dedicating their entire lives to ensuring that Warren is well cared for, happy and loved. They have help from paid carers at some point most days and, some nights of the week, the paid carers stay overnight in a room that is also home to Warren’s equipment, and that is a so-called ‘spare room’.”
In court the lawyer acting for the Rutherfords argued that disabled adults were not charged the bedroom tax if they needed overnight care, so why should the carers of disabled children pay it? The judge did not agree, and said that he had to make a decision in the context of extreme national financial austerity.
Mrs Evans said:
“Perhaps, then, he should have reflected on the fact that Paul and Sue do a job that would otherwise cost the taxpayer a quarter of a million pounds each year to provide.
“The DWP said that it was pleased by the court’s decision; I was not. The Rutherfords have my support if they decide to appeal, and I hope for the sake of carers everywhere that other Members will back them, too.
“I have visited the Rutherfords at home, and they have extended the same invitation to David Cameron. I hope that he takes them up on that offer so that he can better understand their role as carers and end the preposterous situation where carers of disabled children are penalised for being so ‘unreasonable’ as to need a room for equipment and so ‘indulgent’ as to have paid carers on duty overnight.”
Also speaking in the debate, the Deputy Minister for Social Services, with responsibility for carers, Gwenda Thomas said:
“We have heard harrowing evidence this afternoon, and again from Rebecca Evans. It really is becoming apparent, I believe, that carers and the people they care for are being affected very badly. I think that there is now a need to appeal for at least an exemption for these very worthy cases as the evidence does accumulate as to how it adversely affects people who need care and the people who are providing it.”
