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Bedroom tax and bedroom being used for medical equipment
Has anybody had any success with arguing that a bedroom shouldn’t be classed as a bedroom for under occupancy purposes because it is used for medical equipment? This is as opposed to getting a DHP for it or reclassifying it as having fewer bedrooms.
Is anyone arguing this pending outcome of potential judicial review challenges?
There are two approaches to this sort of case. One is the human rights argument, which is being addressed by the JR challenge and is probably best done that way because there isn’t an obvious remedy that a Tribunal could offer in an appeal - no way I can see to interpret Reg B13 in an HR-compliant way with the best will in the world.
The other is an appeal based on the facts: in the client’s circumstances this is not in fact a bedroom and the Council is wrong to identify it as such. Since the term “bedroom” has no legal definition this is an argument that is open to any claimant whose circumstances compel him/her to set up a dwelling in a way that uses rooms for purposes other then bedroom or living room - there are other kinds of room including medical equipment storage room and that is what this is.