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Forum Home  →  Discussion  →  Housing costs  →  Thread

Bedroom Tax Appeals at Upper Tier

Helen Rogers
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Welfare rights officer - Stockport MBC

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Total Posts: 238

Joined: 17 June 2010

I had an unsuccessful Bedroom Tax appeal at a First Tier Tribunal recently.  I argued that the room was too small, because it is under 70 sq ft, but the Judge felt that, because it had a single bed in it years ago when it was used as a bedroom, it should be classed as a bedroom.

I’m now appealing to the Upper Tier.  As far as I can make out, there haven’t been any Upper Tier decisions on this issue.  I’d be interested to hear from people who had successful First Tier Tribunals on this - have these been appealed to the Upper Tier by the LA/DWP?  And if anyone else has had an unsuccessful appeal - have they appealed to Upper Tier?

tony pickering
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Welfare rights officer - Derbyshire County Council, High Peak

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Joined: 16 June 2010

I’ve had a couple of successful tribunals where size was an issue, although not the only issue.  The LA has paid up on both. 

One has requested reasons which have only recently arrived so within the time to appeal but as they have paid up I would have thought this unlikely.  I am assuming they are going through the motions (famous last words?!)

The other also requested reasons which were issued on 23.4.14 and I have not heard anything yet about an appeal.

They were 2 different Judges and 2 different LAs.  Both heard in Chesterfield.  I haven’t done one in Stockport yet.