A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over 'room use' as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the '3 bedroom' property on marriage. He and his wife had lived there. A...
Bedroom tax notes, only just out of date.
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R...
March miscellany
A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest). The...
Bedrooms and a family home
A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page) The Applicant was separated from his partner in 2006, when...
On folding beds and sleeping bags
A new bedroom tax First Tier Tribunal decision from Monmouthshire raises some issues on the FTTs' approach to room use. The decision notice with summary reasons is here (and also on the FTT decisions page). The Claimant lived in the property with his wife...
Negative Instrument
The DWP has laid the Statutory Instrument amending the benefit regulations to do away with the 'pre 1996 claim' exemption to the bedroom tax. It is to come into effect on 3 March 2014, making all those exempt liable for the bedroom tax from that date. (It is...
Bedrooms in Wales
Another First Tier Tribunal bedroom tax appeal decision, this time from Aberystwyth. The Decision Notice is here (and on the FTT decisions page). No statement of reasons yet, but the decision notice gives an outline. The Claimant lived in what was classed as...
Upper Tribunal on bedrooms
There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of 'bedroom'. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though...
It’s the way that you use it.
I've just received a new First Tier Tribunal bedroom tax decision from Rochdale. This one is interesting because it is the first that I have seen based solely on the tenant's use of the disputed room. The statement of reasons is here (and now on the FTT...
Incoming – bedroom tax and more.
Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they haven't got definite parliamentary time yet. (Not got a...
Bedroom Tax: the effect of the pre 1996 claim ‘exemption’.
As set out in the previous post, the DWP has confirmed that 4(1)(a) of Schedule 3 of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 has the effect that any HB claimant who has been claiming continuously since before 1...
Bedroom Tax: Pre 1996 claims exemption.
[Update 10/01/2014 - see further post on details of who is 'exempt' and suggested actions.] Readers may well have seen material going around that suggested that a housing benefit claim that was continuous from pre 1 January 1996 was exempt from the bedroom...