Bedrooms, river beds and more

A few things… In case you didn’t see it through email or social media, I wrote a long piece about social housing in the aftermath of Grenfell Tower, which is on a separate page at that link. In Scotland, the Inner House of the Court of Session heard an appeal from the Upper Tribunal on […]

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, […]

With and without foundation – Bedroom tax in Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of Daly and others) (formerly known as […]

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 […]