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Forum Home  →  Discussion  →  Housing costs  →  Thread

The Bedroom Tax violates a parent and child’s right to a family life – what an appeal win

Bryan R
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Folkestone Welfare Union

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Any separated parent and often the father who has a ‘spare’ bedroom for his child or children who stay at weekends and holidays and is hit by the pernicious bedroom tax for wanting to still be a responsible parent and have a family life then read this and SMILE.

For the Judgement please see pdf’s

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  • p1.pdf (File Size: 3824KB - Downloads: 3156)
  • p2.pdf (File Size: 511KB - Downloads: 2684)
nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Neil
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Debt & Benefits, Aster Communities

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I wonder when the Government will publish the legal cost of their Bed Tax debacle, and I further wonder if they have sacked the legal team who drafted the Regs, along with all the varied FTT decisions peppering the Regs full of holes, it was the legal team who also messed up on the 1996 loohole. But may be we shouldn’t push to hard as ‘David ’ said yesterday the Welfare Reforms are giving hope to millions.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Neil - 20 February 2014 10:50 AM

But may be we shouldn’t push to hard as ‘David ’ said yesterday the Welfare Reforms are giving hope to millions.

Yes, that particularly tickled me. My, how I laughed.

Bryan R
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Folkestone Welfare Union

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As this ruling overlooked two important rulings I expect it to be challenged.

AS AN ASIDE, am I right in thinking whoever get the CB normally gets the HB Too? Are there any cases which have been decided upon which have challeneged this?

Also would Child Maintenance not demonstrate a bond between father and child and thus assist them in any way. Probably clutching at straws here, but worth the question/s

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Unlike for Income Support receipt of Child Benefit is not, in itself, determinative as to who is entitled to have a child addition included in the Applicable Amount.  Who the child is living with is; provided that he only lives in one household and that that can be determined and identified with sufficient clarity.  CB is only determinative where the child normally lives in more than one household or where there is a doubt as to which household the child actually lives.

Bryan R
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Folkestone Welfare Union

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Total Posts: 233

Joined: 22 April 2013

I have spoken to a few people about this ruling with regards to the nearly legal comments and they seem to believe the liverpool ruling will stand. I have to be hones though I didn’t really understand why it would stand, but as these persons have an exceedingly extensive knowledge of HB ETC I bowed to their much superior knowledge. HB what is your considered opinion?