Landmark tribunal ruling could make it tougher for people appealing against bedroom tax
- 09 Oct
A landmark tribunal ruling could make it very difficult for the majority of appeals against the bedroom tax on discrimination grounds.
An upper tier tribunal last month ruled that all first tier tribunals must follow a High Court ruling in favour of the bedroom tax, meaning over 100 current claims against the policy are unlikely to succeed, reports Inside Housing.
The tribunal has ruled in favour of the government's policy against a disabled Inverclyde housing association tenant and concluded that all courts must follow a High Court ruling known as ‘MA and Ors'.
The ‘MA and Ors' High Court decision in 2013 ruled that the bedroom tax was not a breach of the European Convention of Human Rights (ECHR) because, although it was discriminatory against disabled people, it was justified because it was government policy.
Giles Peaker, a partner at Anthony Gold Solicitors, said the upper tribunal ruling meant a major route used to appeal against the bedroom tax had been shut down.
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