Court of Appeal gives judgment in mortgage interest disability discrimination case


The case concerned whether the regulations concerning the level of benefit payable for disabled people in relation to their mortgage interest were discriminatory under ECHR, art 14 in conjunction with art 1 of Protocol 1 of the Convention (protection of property). In particular, the Court considered  the ongoing application of a mortgage capital limit of £100k for longer-standing benefit claimants rather than the new limit of £200k applicable from 2009 onwards. The Court found for the appellant on the issue of “status” under art 14, but accepted that the difference in treatment was justified.

Zoë Leventhal acted for the Secretary of State for Work and Pensions. For a detailed summary of the judgment, please see here.