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How to… make an appeal against Bedroom Tax

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Valuation Office Agency – Rent Officers Handbook

 

(Note: This is used throughout the UK not just England and Wales)

 

Rent officers Handbook – ROOMS

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html

 

Rent Officers Handbook – SIZE CRITERIA

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/HousingBenefitReferral/Determination/s-roh-size-criteria.html

Court of Appeal Decision England and Wales – Burnip vs Birmingham City Council

http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html

 

Public Sector Equality Duty

Government

https://www.gov.uk/equality-act-2010-guidance#public-sector-equality-duty

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/disability-equality-duty-and-impact-assessments.php

 

Equality and Human Rights Commission

http://www.equalityhumanrights.com/news/2013/january/commission-publishes-guidance-on-the-public-sector-equality-duty/

Equality Act 2010

 

http://www.legislation.gov.uk/ukpga/2010/15/contents

 

https://www.gov.uk/equality-act-2010-guidance

 

The United Nations Convention on the Rights of Persons with Disabilities

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/un-convention-on-the-rights-of-disabled-people.php

 

European Convention on Human Rights –Specifically Article 8 and Article 14

(Note –You need to download the booklet containing the Articles is in PDF Format)

 

http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/

 

Department for Work and Pensions

(Note –The following Link contains sources for, HB/CTB Guidance Manual, HB/CTBOverpayments Guide, Debt Management Offices by Postcode, Discretionary HousingPayments, ESA Operational Guide, Local Housing Allowance Guidance Manual).

 

http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/

 

Inside Housing – Knowsley HousingTrust Reclassifies Properties Article

 

http://www.insidehousing.co.uk/tenancies/tenants-avoid-bedroom-tax-after-knowsley-reclassifies-homes/6525752.article

 

National Housing Federation Article –Bedroom Tax Some Home Truths

http://www.housing.org.uk/media/news/bedroom_tax_home_truths.aspx

 

National Housing Federation (NHF) –Bedroom Tax New Impact Assessment

 

http://www.housing.org.uk/policy/welfare_reform/welfare_reform_news/bedroom_tax_-_new_impact_asses.aspx

 

Scottish Federation of Housing Associations – What are the latest updates for March 2013 Article

 

http://www.sfha.co.uk/sfha/welfare-reform-latest-updates/what-are-the-latest-updates-for-march-2013/menu-id-326.html

 

Govan Law Centre Bedroom Tax Blog

 

http://govanlc.blogspot.co.uk/

 

 

 

Liberty – Promotes Human Rights Article on seeking a Judicial Review on Bedroom Tax

http://www.liberty-human-rights.org.uk/media/press/2013/liberty-bedroom-tax-breaches-right-to-family-life.php

 

Shelter

 

England Only

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/housing_benefit_changes_2013

 

Scotland Only

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_and_council_tax_benefit/changes_to_housing_benefit_for_council_and_housing_association_tenants


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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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Bedroom Tax has been a hot topic of late, with many social renters struggling to cope with the charge. There might be a chink of light in all the gloom though, as a tribunal in Middlesbrough has decided a child of parents who are living apart is entitled to have their own bedroom in each of their parents’ homes, and that Bedroom Tax shouldn’t apply.

 

While the local authority felt that a single man, in a two-bed semi, was under-occupying his home, Judge Moss disagreed and said that his child was entitled to his own room “and consequently no deduction applies”, adding: “It’s now a normal part of society that children split their time between their parents.”

 

So how do you appeal the Bedroom Tax?

Well, if you think you have a genuine reason why you need a spare room, firstly, you need to see if you have a case. Coast & Country, say that some of the reasons you might convince a tribunal are:

 

- You need an extra bedroom due to overnight needs of a child with disabilities

- The need for separate bedrooms owing to adult disabilities

- Need for bedroom for student who is studying away from the home

- ‘Exceptional use’

- The room is too small to constitute a bedroom

- It is used as a bedroom

- Child access

- 12 month protection on death (joint tenant)

- 12 month protection on death (where a further change reduces the number of rooms needed)

 

One thing to do, is to look at some previous decisions (which you can do here). If you see that a previous case was rejected that is similar to your situation, remember that your circumstances could well be different, so it is still worth pursuing. Cases that involve children or people with disabilities certainly have a stronger chance of success.

 

You should absolutely write an appeal letter – you need to write to your Housing Benefits section and ask them to appeal your claim. Whether you’re looking after a disabled partner or child, a parent has passed away, you have a child studying away from home, your room is too small, or whatever it is, there’s some great template letters you can use to appeal.

 

To see some examples of template letters to appeal Bedroom Tax, click here. HousingSystems also have a load of good advice about housing benefit problem, and you can check them out, here.

http://www.bitterwallet.com/how-to-make-an-appeal-against-bedroom-tax/85552

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Also here is a useful toolkit to help you along to get you started please follow this link >>https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/challenging-a-bedroom-tax-decision


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mikeymack2002 has found this interesting item.

 

Neutral Citation Number: [2015] EWHC 890 (Admin)

 

https://tinyurl.com/z2nc5vq

It is an important ruling and shows incorrect assessment of DLA by a Local Authority (LA) and the dreaded 'Bedroom Tax'.

Case No: CO/16824/2013

 

 

This might be very useful.. Any comments will be welcome on the discussion thread linked below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459020-Incorrect-assessment-of-DLA-by-a-Local-Authority-and-the-dreaded-Bedroom-Tax-quot&p=4851545#post4851545

Edited by citizenB

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1359 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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