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Bedroom Tax Appeal adapted property turned down

Posted: Fri Mar 22, 2013 7:33 am
by maria_1507
hi ,

i have posted info on my appeal, just opened my emails , and found we have had our bedroom tax appeal turned down.

we are in an adapted property which had a small extension added to access the wet room and be used as a bedroom if we ever needed it , if OH could not use the stairs , this was in 1997.
at the time our kids were very young and we signed a new tenancy for 3 bedroom , 2 living room house.

we are now back on HB as I had to give up work again as OH is really really ill, crying as i write this , it just so crap, and they are deducting 25% which means we have to find another £42.00 a week out of our benefits, anyway i got shelter involved who signed posted me legal adviser to appealed it.

the local authority have now pulled a white rabbit out the hat, a letter dated july 1997 from the project manager confirming what they will be doing to the transfer property , which says they will be building a ground floor extension " forming a double bedroom" . this wording was what the social service assessment recommended.
however they issued us with a 3 bedroom , 2 living room tenancy agreement , which we signed , clearly it suited them not to house us in a house too big for our needs !
now they are using that letter as the argument we have a 4 bed property, not the tenancy agreement or rent charged. it feels like they are on a mission to move us .

i hate this whole situation , the week just gets worse and worse , we were told that in addition to his stroke central pain , no front cartilages in both knees , a torn back cartilage in his weight bearing leg, potential blood clot on lung and he is now in class 4 heart failure, he it looks he will be using that dining room as a bedroom after all and they have won the day , but we will have even less money to live on...if there are positives out there , please let me know.

Re: Bedroom Tax Appeal adapted property turned down

Posted: Fri Apr 12, 2013 8:53 pm
by maria_1507
not going down without a fight on this one...!!
another letter arrived from local authority stating our living SHOULD/COULD be a bedroom, therefore this means they are INSISTING we used it as such...because that was what it is INTENDED to be ....the tenancy clearly states its a 3 bed house..
I have since learnt ...of a similar property , non disabled, with 3 bed and 2 living rooms, but her husband is ill and cannot use the stairs , so does use the living as a bedroom, she too has a spare room upstairs, on housing benefit...but the same local authority has NOT applied the bedroom tax....as the property is not classed as "disabled"...
therefore , an appeal in now back in ...we are asking for tribunal ......
and i have sent a 1700 word formal complaint to the CE of the local authority saying this is direct discrimination on the grounds of disability....its like...its alright in china , but not in Hong Kong!
since seeing the recent letter template this week from carers uk...i feel a tad more confident, i will also use the ombudsman and the Human Rights Act if I need to go further... Image

Re: Bedroom Tax Appeal adapted property turned down

Posted: Sat Apr 13, 2013 9:34 am
by Nilla
Keep fighting! At some point the local council may get some compassion and see that its wrong to charge the bedroom tax for a converted property for disabled

Re: Bedroom Tax Appeal adapted property turned down

Posted: Sat Apr 13, 2013 10:13 am
by Myrtle
it feels like they are on a mission to move us .
And where exactly are they going to move you to? Do they have houses that would be suitable hanging round empty? Do they even have houses hanging round empty that would be suitable to be adapted for your needs? And if they can't provide you with a suitable alternative then it's their fault that you have an 'extra' room that should/could be used as a bedroom and you should not be responsible for paying for something which is their remit, not yours.

Keep at them, this is all just so wrong.

Re: Bedroom Tax Appeal adapted property turned down

Posted: Wed Apr 17, 2013 6:04 am
by maria_1507
i agree, and living in a rural area , social housing is not exactly abundant.
just saying we gave in, ( which we are not, he says he is going out in a box, and he means it) agreed to move, they pull a perfect 2 bed property with all the expensive adaptations....
then our son moves out...as he gets on with his life...what then...?
we are back in the same situation, "spare bedroom" ...
then they magic another 1 bedroom property with all the trimmings out of the air?
and all this shenanigans , while being so chronically ill ???? you already live your life waiting for the sword to fall....so much disruption at a time when you need it least.
really this whole policy , its aims and principles were written on post it note!
the point is, the rest of the house is well lived in! and well used! its called home!