Bedroom Tax FTT Decisions

Nearly Legal is keeping a list of decisions by the First Tier Tribunal on bedroom tax appeals. Where possible, there will be links to written decisions, if not, then to whatever news or other report is available.  [See also the pre-1996 continuous claims exemption]. These are in chronological order, with the area identified. See more on the Nearly Legal website.

Majority of Lib Dem MPs Vote to Close Bedroom Tax Loophole

The majority of Liberal Democrat MPs voted to close a loophole in the bedroom tax during a House of Commons motion. Of parliament's 57 Lib Dems, 34 voted to close the loophole, which exempts people who have been continuously claiming housing benefit since 1996 from the same residence from paying the controversial under-occupancy charge, with none voting to leave it in place. High profile Lib Dems who voted to close the loophole included party leader and Deputy Prime Minister Nick Clegg, Chief Secretary to the Treasury Danny Alexander, Business Secretary Vince Cable, Minister of State for the Home Office Norman Baker, and party president Tim Farron. Read more on 24dash.

Housing Benefit: Social Rented Housing – Parliamentary Written Answer

Chris Bryant: To ask the Secretary of State for Work and Pensions pursuant to his oral answer of 13 January 2014, Official Report, column 577, what the evidential basis was for his estimate of between 3,000 and 5,000 people that may have been affected by the under-occupancy penalty since April 2013.  

Esther McVey: On the information currently available, we estimate the numbers affected are likely to be fewer than 5,000 nationally. This is based on the assumption that if a claimant's current claim started before 1 January 1996 they would have been entitled to the transitional protection and therefore affected.

Exempt and Wrongly Had Bedroom Tax Imposed – The Maladministration Complaints Are Here

All the pre-1996 exemption cases who have had the bedroom tax imposed upon them in error can and should issue complaints of maladministration against their local council AND against the DWP. They all have strong grounds of ‘maladministration’ by their local councils using the Local Government Ombudsman (LGO) and against the DWP with the Parliamentary Ombudsman or PO. In very simple terms both local and central government have not done what they should have done is a good way to look at what maladministration means.  Both the LGO and PO will only investigate if an injustice has been caused yet this is clear with the bedroom tax deduction itself giving them less money and all it means by consequence of that such as skipping one meal a day to pay the bedroom tax etc.  Read more on the Speye blog.

Thousands Have Had Bedroom Tax Imposed In Error

Thousands of social housing tenants will be temporarily exempted from the bedroom tax as a result of a ‘technical error’ in legislation. The DWP have issued an ‘urgent bulletin’ saying tenants meeting specific criteria should have the cut in their bedroom tax removed until legislation is amended. The DWP also said councils should refund deductions made since last April. The exemption applies to tenants who have been continuously claiming housing benefit from before 1 January 1996 and have lived at the same address. This is because the ‘eligible rent’ referred to in bedroom tax regulations does not apply prior to 1 January 1996, when a previous set of rules existed. A number of housing experts told Inside Housing yesterday, before the DWP’s circular, that tenants would have a good chance of using the loophole to overturn benefit decision at tribunal. Read more on the Speye blog.