THE grandparents of a severely disabled teenager from Clunderwen have won the latest round of their battle against the "bedroom tax".

Judges at the Court of Appeal in London have this morning ruled in favour of Paul and Sue Rutherford, who care for their profoundly-disabled grandson Warren.

It was argued that the policy, which came into force in April 2013, unlawfully discriminates against children in Warren's situation.

Mr Rutherford told the BBC: “I’m a bit lost for words. I could almost cry with happiness.”

He added: “Other people are going to benefit from this decision as well.

"That was partly why we did it.”

Lord Chief Justice Lord Thomas, Lord Justice Tomlinson and Lord Justice Vos announced that they were allowing the appeal in this case - and that of a single mum who relied on a 'panic room' to protect her from a violent ex-partner - on the grounds that the "admitted discrimination in each case ... has not been justified by the Secretary of State".

Warren is the only known sufferer in the UK of Potocki-Schaffer Syndrome, and lives with his grandparents in a specially-built three-bedroomed bungalow at Bro Waldo, Clynderwen.

The property has been designated as Warren’s ‘home for life’ by the Pembrokeshire Housing Association and has had £20,000 of additional adaptations funded by the Welsh Assembly. The third bedroom is used by carers who stay overnight at least twice a week - as well as coming in daily - and for storage of equipment.

Mike Spencer, solicitor at the Child Poverty Action Group, who acts for the Rutherfords, said: "We are delighted that disabled children will finally be entitled to the same treatment as disabled adults.

"It is absurd to have a situation where children like Warren might have to go into residential care at vast cost to the taxpayer because their families cannot pay for the housing they need.

"Instead of putting this family through the ordeal of a further appeal, the Government should now think seriously about amending the regulations to protect severely disabled children."

In 2014, a High Court judge dismissed a judicial review claim by the couple, after they were successful in an appeal to Pembrokeshire County Council to receive discretionary housing payments for one year.

The Department for Work and Pensions (DWP) has been given permission to challenge the Court of Appeal's latest ruling at the Supreme Court.

A DWP spokesman said: “We are pleased that the court found – once again – that we have complied with the Public Sector Equality Duty.

“We fundamentally disagree with the court’s ruling on the ECHR, which directly contradicts the High Court.

"We have already been granted permission to appeal to the Supreme Court.

“We know there will be people who need extra support.

"That is why we are giving local authorities over £870m in extra funding over the next five years to help ensure people in difficult situations like these don’t lose out.”

Rebecca Evans AM, Assembly Member for Mid and West Wales, welcomed the news: “I am delighted for the Rutherfords.

"Having visited them at home and discussed their situation I know how long and hard-fought this battle has been.

"It has long been clear to me that the ‘hated Bedroom tax’ is discriminatory.

“Let there be no mistake, the bedroom tax is nothing more than an ideological attack on struggling households.

"It is a disgrace that the majority of affected households have disabled residents.

"Once again, the UK Government is hitting the most vulnerable people hardest.”