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Brothers’ win blows a hole in bedroom tax benefit cuts

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Taken from this link from Scottish Express: http://www.express.co.uk/news/uk/428437/Brothers-win-blows-a-hole-in-bedroom-tax-benefit-cuts

 

In a ruling that could open the floodgates for thousands to challenge the under-occupancy legislation, a tribunal found that David Nelson’s spare room was too small to be a bedroom.

 

And his brother Ian successfully argued that his “spare” room should be turned into a wet room because he struggles to get in and out of the bath.

 

Around 660,000 social housing tenants across the country have seen their housing benefit reduced by an average of £14 per week because they have an unused bedroom.

 

The disabled, foster carers and those with children in the armed forces are exempt from the rules.

 

David, 57, from Glenrothes, Fife, argued that his spare room was too small to be taxed. He said that at just 50 square feet, the room could not be classed as a bedroom but is a box room. Ian, who only has one leg, successfully argued that his “spare” room should be turned into a wet room because he struggles to get into a bath.

 

At an independent tribunal held in Kirkcaldy, Simon Collins QC ruled that neither brother should have their housing benefits cut as their rooms should be exempt.

 

Mr Collins, a first tier tribunal judge, ruled that a room under 50 square feet is not a bedroom and a room measuring between 50 and 70 square feet is only suitable for children under 10.

 

The ruling is expected to spark a deluge of appeals from the 75,000 people in Scotland said to be affected by the benefits cut.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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About damn time too.


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What will be interesting is if the government takes any of these appeals to the second tier. First tier doesn't set precedent, but the second tier does.


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It also doesn't help the government that a UN Investigator Raquel Rolnik calls for the government bedroom tax to be axed more on the link

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?402943-UN-investigator-Raquel-Rolnik-calls-for-Government-s-bedroom-tax-to-be-axed(20-Viewing)-nbsp


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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