Bedroom tax notes, only just out of date.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 (on the application of) v Secretary […]

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 Circular, U2/2014, contains what is effectively an […]

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 their daughter was seven. He then lived in a one bed […]

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 and adult son. The property was classed as a 4 bedroom […]

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 not retrospective). As a ‘negative’ Statutory Instrument, […]

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 a 3 bedroom property.  He lived there with his wife. A two […]

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 addressing LHA rather than the bedroom tax. The passage that has been widely quoted, and […]

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 decisions page). In short the tenant had what […]

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 permanent Hansard link yet) Lord Freud: My Lords, I can […]

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 January 1996, for the same property, should have their HB rate calculated […]