Bedroom tax ruling brings concern to separated families
- 05 Aug
A grandfather whose grandson lives with him part time has lost an upper-tier tribunal against the bedroom tax.
An upper tier tribunal judge has said that a previous lower tribunal decision ruling in favour of a grandfather whose grandson lives with him part time, has made an “error of law”, reports Inside Housing.
The tenant had his housing benefit reduced by 25% due to being judged as having two spare bedrooms. Last year a lower tier tribunal ruled that this should be reduced to 14% due to the fact his grandson often lived with the grandparent and needed a room to sleep in.
An appeal by the Department for Work and Pensions has now led to an upper tier tribunal review, where this decision was overthrown and the original 25% reduction in housing benefit was upheld.
“I accept the Secretary of State’s argument that the trend of the Convention case law is that Article 8 [of the Human Rights Convention of Human Rights] does not impose a duty to confer a social security benefit except in the most exceptional circumstances,” the judge said.
This now raises concern for families who are separated, with a child occupying tow homes.
Giles Peaker, partner at Anthony Gold Solicitors, wrote on his blog: “Pending any further decision of a higher court, that is pretty much that for separated family bedroom tax challenges in the [first tier tribunal].”
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