Article 14 in Hereford

A proper note to follow, but there has been a significant First Tier Tribunal appeal in a bedroom tax related case in Hereford. The decision is here (and also on the FTT decision page in the menu above).

This is an LHA decision, not on the bedroom tax. While the provision considered is effectively the same, there is a distinction made in terms of justification of policy which may be significant.

It is a reasoned decision based on Article 14, distinguishing MA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 2213 (QB). It is an English decision, so unlike the Glasgow one, could not simply treat MA as a decision of the English and Welsh High Court. The decision is, of course, non-binding and potentially subject to appeal, but if these decisions on individual cases stack up, then the DWP has a large problem.

Thanks to Anne McMurdie of Public Law Solicitors for the decision.

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy and tagged , , .

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