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, on which permission to appeal was also granted) should be heard this year so that, if unsuccessful, they can join MA in the UKSC, because of the different circumstances/issues in these cases, ie gender based discrimination and the situation of a disabled child (assuming they are unsuccessful in the CA and get pta to the UKSC).   As Sir Stanley Burnton put it ([14]), “For myself, I would be inclined to hold that even if MA was rightly decided there is an arguable issue on the article 14 claim in both appeals because of the fine distinctions which are necessary to reconcile that decision with Burnip; but it is unnecessary to express a concluded view about that, or about the arguability of the challenge based on the PSED”.

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2 Comments

  1. Could end up in UKSC either way, whether successful or not: Secretary of State is likely to appeal if the claimants win. So it is important to get this stage out of the way before the MA hearing and let that become a definitive super-case pulling together all the outstanding issues

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