Legal Challenge to Bedroom Tax Fails

An attempt to overturn a bedroom tax decision on human rights grounds has failed because of discretionary housing payments. The upper tribunal refused an appeal against a cut to a claimant’s housing benefit under the bedroom tax policy. The appeal was brought by a tenant who is the sole occupant of a two-bedroom home. His second bedroom is used a few days of the week by his 14-year-old son, who lives with his mother for the remainder of the time. The tenant argued that article 8 of the Human Rights Convention of Human Rights should have been taken into account by a first-tier tribunal, which upheld the council’s decision. The upper tribunal judge found that the first-tier tribunal’s decision was ‘erroneous in law’, as it did not give adequate consideration to the human right argument. However, he found that the error was ‘not material’ to its decision to refuse the appeal. Read more on Inside Housing.