RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications […]
Category Archives: Benefits
All benefit related posts
Bedroom tax, sanctuary schemes and human rights redux
Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to […]
Hypothetical bedrooms
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation B13)? The Upper Tribunal said two (our report here), but […]
Supreme Court to consider remedies in bedroom tax cases
We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]
Universal Credit – more woes
I may well be late to the party here, but a couple of specific issues with Universal Credit have been pointed out to me that I, at least, had not heard before. So, in case I am not alone, I pass these on. They both amount to a significant departure from the ‘legacy benefit’ position […]
The Bedworth bedroom conundrum
Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax. RH occupied property described as […]
Universal Credit – here comes the homelessness
[Update 22 November 2018. In the Budget, the Govt has said that: a) the 7 days without any payment after UC claim will be scrapped b) For those with existing HB/LHA claims, there will be a two week overlap of existing HB/LHA payments after the UC claim date (not clear if repayable and if so […]
The Tribunal unleashed
Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) [2017] UKUT 0174 (AAC) Oh my. This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal (our report here). It was initially surprising that the DWP sought to pursue this appeal, […]
Water and youth
Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]
Discretionary Housing Payments and long term awards
R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017 (Only on lawtel as an extempore judgment, as far as I can see) (Copy of the full judgment now here) This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H […]
