Misc on taxes – council and bedroom

Some notes on council tax liability and bedroom tax Upper Tribunal cases. Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) […]

Preferring Burnip: Discrimination without justification

Rutherford & Ors, R (On the Application Of) v Secretary of State for Work & Pensions [2016] EWCA Civ 29 The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference. The two joined appeals here, from negative judicial review claims, were […]

Bedroom tax updates

Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors… In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being appealed. In this case, an appeal of a bedroom tax deduction in […]

Bedroom tax and landlord’s bedroom count – UT again

The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. The key issue was the extent to which the benefit authority can rely on the landlord’s designation of the number of bedrooms. […]

Bedroom Tax and separated families – UT again

The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In this appeal tribunal, the appellant was represented, which was a problem in MR. But short, the UT found […]

CA to hear bedroom tax appeals this year

The CA is to hear bedroom tax appeals in A (the DV sanctuary appeal – our note here) and SR (where a minor requires overnight care – our note here) next term.  A had been stayed pending the UKSC appeal in MA.  However, Underhill LJ and Sir Stanley Burnton have decided that the two cases (ie A and SR, […]

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 […]