Housing and Council Tax Benefits – Rent Restrictions – Regulation B13 (‘bedroom tax’ or ‘spare room subsidy’) – claimant and disabled wife unable to share same bedroom owing to wife’s disability needs; FTT should have directed local authority to calculate the claimant’s housing benefit entitlement without making a deduction of 14% for under occupancy (to avoid an unlawful breach of Mr and Mrs Carmichael’s ECHR art 14 rights (following R (Carmichael and Rourke) (formerly MA and others) v SSWP [2016] UKSC 58.
Citations:
[2017] UKUT 174 (AAC)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – RR v Secretary of State for Work and Pensions SC 13-Nov-2019
Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect.
Held: The appeal was allowed, and RR’s housing benefit entitlement is to . .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 09 May 2022; Ref: scu.584193
