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bedroom tax in the upper tribunal

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Paul_Treloar_CPAG
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That certainly concurs with the view of our legal officer Mike, re: possible potential future challenges in such circumstances.

     
shawn mach
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Fife Upper Tribunal decision on room size in [2014] UKUT 0525 (AAC) ... available via Nearly Legal

http://nearlylegal.co.uk/blog/2014/12/elephant-bedroom/

     
shawn mach
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re the Fife cases ... new DWP guidance issued today, plus the Tribunal Service has published the UT decision(s) in CSH/41/2014 and CSH/42/2014 ([2014] UKUT 525 (AAC))

http://www.rightsnet.org.uk/news/story/whether-space-standards-are-determinative-as-to-whether-a-room-is-a-bedroom

     
Ros
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Here’s Nearly Legal’s analysis of the guidance which, he says ‘isn’t quite right, in some quite important ways’ -

http://nearlylegal.co.uk/blog/2014/12/not-quite-minister/

     
nevip
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Does the Department do this on purpose?  They did this with the Teixeira judgement and cited it in a case I had.  That ended with defeat, an embarrassing climb down and the amendment of the national guidance.

     
tony pickering
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Hello all

I have a number of cases stayed at the UT pending a lead case CH/153/2014.  Does anybody know what has happened to that case.  The directions I have refer to CH/153/2014 being a lead case concerning size and use.  In which case I am a bit puzzled why these scottish cases were heard with no mention of that case.

And has there been a decision on whether MA and Ors is going to the Supreme Court.

I have the first bedroom tax hearing I’ve had for a while on Monday and I am trying to get back up to speed!

Tony

      [ Edited: 19 Dec 2014 at 11:58 am by tony pickering ]
1964
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tony pickering - 19 December 2014 11:10 AM

And has there been a decision on whether MA and Ors is going to the Supreme Court.

Ditto- does anyone know the latest? We have a case stayed at the UT.

     
shawn mach
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you can track the Supreme Court’s ‘decided permission to appeal applications’ list @

https://www.supremecourt.uk/news/permission-to-appeal.html

... though the last entry is November 2014

     
tony pickering
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Cheers Shaun

I had looked on the Supreme Court listings and as there is no mention of MA and the Court of Appeal decision was in February I assumed that permission to appeal was not sought.  However, I am not sure of the time scales and so wondered whether anyone knew for certain.

Tony

     
chacha
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Seems the case was granted permission to appeal on 22 December 2014 and there is no date yet for the appeal hearing. Info from another forum.

Should show up on the court link once it’s updated with December stuff.

     
Nearlylegal
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chacha - 06 January 2015 11:02 AM

Seems the case was granted permission to appeal on 22 December 2014 and there is no date yet for the appeal hearing. Info from another forum.

My understanding is that it is on hold pending the Supreme Court judgment in the benefit cap appeal. That was due a few weeks ago, but was suspended at the last moment (day or two before) for ‘further written submissions’ (this would be after the parties had seen a draft judgment, I’d guess). Draw your own conclusions on that.

     
1964
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Ta for the updates all- appreciated.

     
tony pickering
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Thanks from me too.

Tony

     
shawn mach
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Disabled tenants to challenge bedroom tax in supreme court

http://www.theguardian.com/society/2015/jan/10/disabled-tenants-bedroom-tax-challenge-supreme-court

     
shawn mach
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