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bedroom tax will it hit you/carers ??? - Page 31 - Carers UK Forum

bedroom tax will it hit you/carers ???

All about money
310 posts
http://www.disabilityrightsuk.org/news/ ... e-approved

Looks like the governments justification for bedroom tax , aka DHP, is now under attack!!
Our appeal hearing is finally here , 2 days time... Image Image Image
Irwin Mitchell’s specialist Public Law team has been granted permission to bring a judicial review into Sandwell local authority’s decision to take Disability Living Allowance (DLA) into account when assessing whether people should also receive Discretionary Housing Payments (DHP).

Irwin Mitchell’s argument is that the council’s policy amounts to disability discrimination and a breach of British human rights law. The case is thought to affect hundreds of disabled people around the country.

For more information see]http://www.irwinmitchell.com/newsandmed ... Assessment[/url]
Thousands of vulnerable Scots wrongly hit by £3.5m bedroom tax blunder

27 Jan 2014 07:22
COUNCILS face having to repay up to £3.5million after it was revealed anyone living in the same home since 1996, that has been receiving housing benefit, is exempt from the hated spare room policy.

http://www.dailyrecord.co.uk/news/scott ... ly-3065469
By the way Saj, I have a mortgage, not rent. It costs about £125 a week if you include the dodgy mis-sold Endowment policy which will shortfall in around three years by some £25k. But that's for a four-bedroomed detached house, and with five adults in occupation - and with various streams of income including work and benefits- we are using the space well - at a cost to us of around £25 per week per head. No housing benefit though!
Ultimately the house will be ours by the time we finally retire in our mid/late-sixties, and with luck our kids will still be able to benefit from the equity when we croak.
YET now we do have a legal definition of ‘bedroom’ and boy oh boy does the proverbial now hit the fan!

A judge in an Upper Tribunal case has determined that ‘bedroom’ has its ordinary everyday meaning which is a room furnished with a bed and/or used for sleeping in. Hardly a revelation but it has huge consequence for the bedroom tax policy.
I have been fighting our bedroom since 17 february 2013 , our council chose to re classify our disabled adapted house to a 4 bed, saying the 2nd living room was a bedroom, despite us having a 3 bedroom , 2 living legally binding tenancy agreement , we were transferred to this house after my husband had 3 strokes age 30, the council refused to make reasonable adjustments on last home and it took three years. As a result of the bedroom tax we had to appeal this , and revisit a very painful time of our life which which was long buried, and we have had to give extremely personal intimate details of our reasons for requiring to sleep apart. This policy is cruel to the core and I dont give a monkeys what anyone says , its wrong that one policy affects one of our most vulnerable groups in society, children and adults with illness and disabilities.

we had our appeal hearing on Wednesday and the Judge found in our favour on issue 1..we do have a lawful legally binding tenancy agreement and it is unlawful for the council to say other wise! He stopped at page 20 of 63 documents!! Image Image Image Image Image Image Image Image Image
Today i received an email from the Council saying we were owed £626 pounds, and the HB has been credited to our rent account. i did not apply for DHP on principle, I am stubborn , and therefore each Monday my carers allowance went to the Council.
On issue 2..direct discrimination..the Judge felt there was compelling evidence from us , the medicals and our solicitors submission..he decided to adjourned the hearing until the outcome of the High Court cases.

Needless to say we are very very happy , but angry we had to go through all that. The council has shot themselves in the foot, out of all this , it has now emerged that we are being charged higher rent than 4 beds and 3 bed 2 LR properties, purely because of the disabled adaptions..that is treating us less favourable than tenants who do not have a disability...we have written evidence we were made to move saving 50% costs. then they lied about the higher rent.

we are now going to pursue taking this the Housing Ombudsman. If you have been affected by the bedroom tax keep fighting, the appeal tribunal is your safest place to get heard.
Keep fighting ...now I am going for a lie down! Image
A disabled man and his wife have won an appeal against the bedroom tax on human rights

http://www.disabilityrightsuk.org/news/ ... tax-appeal
Aceso, well done for not giving up through this incredibly painful process. It's just a shame you ever had to do all this in the first place. I do hope that you manage to have some sort of celebration.
I don't because it doesn't make economic sense. All areas have had caps for donkeys years.
The maximum a single person, without children or a disability, can claim in HB in my area is £90 per week. Anything above that, you have to pay the difference.
My HA 1 bedroom flat is £78 per week, yet I could rent a 2 bedroom flat in a scuzzy area for £65 a week, without security of tenure, saving the gov £13 per week.
So, I could save the Government £13 per week by moving, but be liable for £9.10 bedroom tax knocked off my CA for the privilege of moving into an area nobody wants to live (hence lower rents); think I'll stick with my HA flat.
And all this guff about releasing properties is nonsense UNLESS there are enough 1 bedroom properties for people in two bedroom properties to downsize into. There are not; 1 bedroom flats are rarer than hens teeth. Where are these people supposed to go?
This bedroom tax is not about saving money, it's about ideology.

Successive governments have sold off so much social housing, without allowing them to rebuild/replace it, that they've exacerbated the 'affordable housing' crisis.
Instead of admitting that, they're now blaming people who have a 'spare room' instead?
Welcome to the world of 'Buy to Let' landlords.
You are 35 years of old. Yet you are expected to treat yourself like a student WITHOUT behaving like one.
If you really think it is reasonable for a government to treat you like a student at 35 - when you are already at your half way 3 score and ten - whilst expecting you to behave like an adult, then I despair.
Having no rights with responsibility is much worse than having responsibilities without having rights.
Black Friday ...????

Image "Richard Kramer, deputy chief executive of Sense, the national deafblind charity, said the bedroom tax policy had been devastating for many disabled people. “Many have been found to have a so-called extra bedroom despite requiring it because of their disability, for example needing extra space to store disability-related equipment and for short-term carers."

a very nasty government...
How do you define a bedroom?.
I have a friend who owns a 2 bedroom flat and according to the plans a third room is a dining room and it does have lounge.
He does use it as a dining room / study but some people in the block use it as a third bedroom.
310 posts