An inconvenient problem

This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing. I analysed […]

A home without a household

With thanks to Joe Halewood, comes news of this very interesting First Tier Tribunal bedroom tax appeal. In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of […]

A blind eye to Nelson

A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be […]

Discretionary Housing Payments – the trouble with DLA.

Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy […]

Bedroom tax and sanctuary schemes

A quick note to record that the judicial review of the bedroom tax regulations as being discriminatory on the basis that a ‘panic room’ equipped for domestic violence victims was classed as a ‘spare bedroom’ failed. The judgment does not appear to be on Bailii, but a DWP bulletin records the case. Unsurprisingly, the fact […]

Shared care isn’t occupation as a home.

A short Upper Tribunal decision has put an end to bedroom tax appeals based on the ‘part-time’ residence of a child of a separated family with shared care. MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) The FTT in […]

Hot, hot, hot

Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot. Thanks […]

Not quite, Minister

Following the Upper Tribunal judgment in SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) [our report], the DWP has issued a Circular – HB U6/2014 The thing is that it isn’t quite right, in some quite important ways. Text and comments below. HB Bulletin U6/2013 provided details […]

The elephant in the bedroom

Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released. A copy of the decision can be downloaded here. SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) And the upshot? Well, frankly a bit of a mess. The […]

Separated families and bedroom tax

Cotton & Ors, R (on the Application of) v Secretary of State for Work and Pensions & Ors [2014] EWHC 3437 (Admin) This was the Liberty backed judicial review of the bedroom tax regulations on the basis that the regulations amounted to an article 8 breach, or an article 14 breach read with article 8, […]