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Is it grounds to appeal the bedroom tax if a couple cannot share a bed twice a week?
Hello
I have a client who cannot share the bed with her partner about twice a week because of her disability.
Is this grounds to appeal the bedroom tax?
Well I’d say it’s certainly grounds, which is not to say you’d necessarily win.
Here’s a link to the nearly legal list of bedroom tax tribunal decisions - as you will see there have been some successes where couple unable to share a room due to disability -
http://nearlylegal.co.uk/blog/bedroom-tax-ftt-decisions/
In relation to the 2 day aspect, i think you could argue that it means that the extra room is needed all the time - as Judge Rowland said in recent case on carer needing room - ‘a bedroom cannot be switched on and off’-
A lot of bedroom tax case law seems to hinge on whether the claimant is getting a DHP - might have more chance of success of arguing that claimant suffering discrimination if not…