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A look at the latest “Bedroom Tax” case law

There has been a lot of speculation and discussion about the changes to Housing Benefit Legislation and in particular the “bedroom tax”. There have been some interesting cases of note in this area recently.

Asbeek Brusse and de Man Garabito v Jahani BV

In the case of Asbeek Brusse and de Man Garabito v Jahani BV, The High Court has held that the housing benefit social sector size criteria rules (the “bedroom tax”) (reg.B13, Housing Benefit Regulations 2006) do not constitute unlawful discrimination contrary to article.14, European Convention of Human Rights. It also held that neither did the Secretary of State violate s.149, Equality Act 2010 when deciding to introduce them.

Burnip v Birmingham City Council

In the Court of Appeal, it was decided in the case of Burnip v Birmingham City Council that there should be no deduction of housing benefit where an extra bedroom was required for children who were unable to share because of their disabilities. The Secretary of State was required to amend the Housing Benefit Regulations 2006 to make this clear and he could not simply rely on guidance or Discretionary Housing Payments to remedy the issue.

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