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Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB): UTAA 27 Apr 2017

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:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRR 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

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