Bedroom tax? — Scope | Disability forum
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Bedroom tax?

[Deleted User]
[Deleted User] Posts: 0 Pioneering
OK folks, been in a long process of appealing my local councils decision to impose the bedroom tax , I live in a 2 bedroom bungalow, as when my partner and she's also my carer moved we have to have separate bedrooms because of my mental health disability.
When I informed the council approx 18 months ago that the spare bedroom was now being occupied they wrote back and basically didn't believe me!!!!
We appealed the decision and finally today had our phone call from the court and the judge.
We both explained, in great detail, our circumstances and I also mentioned my problems, some very private!, and the judge asked us alot of questions and then he said he would phone back in a few minutes.
He phoned back and, surprise surprise, he gave us the bad news that our appeal was dismissed, he wouldn't say why just we'd receive a letter in due course!
I'm guessing we can appeal his decision but of course judges are paid by the government who brought in this disgraceful bedroom tax in the first place, and of course councils don't want to cough up money if they can help it!
So yet another blow to my so called disabled rights and the fact I'm being penalised because I'm disabled!
Your sensible thoughts please folks?
Thank you
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Comments

  • woodbine
    woodbine Community Co-Production Group Posts: 7,141 Disability Gamechanger
    I'm afraid that personally I don't see it as being penalise because you'r disabled, the bedroom tax rules apply to all those on benefits, wether that's right or wrong is immaterial.
    I'm not sure how far this has gone but you do reach a point where you can't appeal further.
    I have only one thought that might help is the second bedroom less than 63 square feet?
    Be extra nice to new members.
  • poppy123456
    poppy123456 Member Posts: 28,398 Disability Gamechanger
    HI,

    You can only appeal a decision made by the Tribunal on error of law. To find this error you must first request the statement of reasons and record of proceedings from HMCTS within 1 month of the date of the decision. There's no timescales how long it will take to receive these because they are not written unless requested, so the Judge does them in their spare time.

    Once you receive then you'll need to find someone to have a look to see if the error in law can be found, otherwise you won't be able to take this any further.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    Ah well, at least I gave it a go.
    No harm in prodding the government now and again as the bedroom tax is disliked by alot of people.
    If anyone else is in a similar situation then don't hesitate to give it a go.
    The more of us that try the more people will take notice.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    Looks like the disgusting bedroom tax is here to stay! Much like the window tax in the 1600,s! Says it all really!
  • woodbine
    woodbine Community Co-Production Group Posts: 7,141 Disability Gamechanger
    Ok go on then i'll add to a six month old thread, the "bedroom" tax has been abolished in Scotland which is a start, the real problem is that there is a lack of property in social housing for people to down size to avoid paying the tax. But even with the tax deducted people are still getting a fair whack of their rent paid for them, unlike SMI.
    In the 17th c. people got round the window tax by bricking up said windows.
    Be extra nice to new members.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    Don't think private or social landlords would be too happy at bricking up doors! Lol
  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    The current reality is that anyone making a contribution because they’ve been hit by Bedroom Tax really hasn’t being paying attention. Most local authorities are using DHPs to completely cover the shortfall and have been for a couple of years now in recognition of the fact that there are few smaller properties for people to move to.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    I have to pay nearly half my rent from my benefits and what my partner/ carer can give me which isn't that much.
    Wirral council won't believe we use both bedrooms..
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    I got it for one year and then that was it! I was lucky to get it that long.
    I now haven't received any for 3 years as the council won't pay me anymore.  And, please don't say I haven't been paying attention, the day people like me stop paying attention will be the time to worry!
    Besides the bedroom tax was brought in to force the less well off out of certain areas for political reasons. I've been ill for most of my life so please Don't say I haven't been paying attention!
    You need to read some of my other posts I think.
    We're all supposed to be on the same page here not quibbling amongst ourselves!

  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    Whose quibbling? Your local authority cannot refuse you further DHPs for the reasons given and if they do then you simply challenge them. Wirral has a long and glorious history of underspending on DHP which of course means they potentially lose the money. It’s in your interest to reapply and then challenge if refused. In the unlikely event that fails then go for a letter before action and flag your case with the likes of CPAG et al.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    At the moment I rent privately and regarding the bedroom tax I've been to court about it, all on the phone because of pandemic, and I've lost. 
    Even the court won't except the fact that both bedrooms are used!
  • calcotti
    calcotti Member Posts: 5,283 Disability Gamechanger
    edited May 2021
    The 'bedroom tax' (removal of the spare bedroom subsidy) does not apply to private rentals. Private rentals are governed by the Local Housing Allowance rules.
    givingup said:
    ...of course judges are paid by the government who brought in this disgraceful bedroom tax in the first place, 
    The judges are independent of government - I really don't agree with the implication that judges are just doing what they are told. If they were then the DWP wouldn't keep losing in the courts and having policy overturned by judges.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    The dwp is different because the government is breaking it's own rules on disabled rights, the bedroom tax isn't just about the disabled it's about poorer people in society as a whole so that's a different kettle of fish.
  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    edited May 2021
    givingup said:
    At the moment I rent privately and regarding the bedroom tax I've been to court about it, all on the phone because of pandemic, and I've lost. 
    Even the court won't except the fact that both bedrooms are used!
    I suspect you mean you’ve been to a telephone based tribunal, which is a very different thing to court. What a bedroom is used for isn’t really the issue. The issue is what it’s predominantly used for.

    The idea that social security tribunal judges just do what they’re told is laughable and does not reflect the reality. Government are busy trying to strip judges of payments, expenses and independence and trying to end the right to review what government does via judicial review. That sounds to most people like government has a serious issue with the judiciary being independent and is trying to reduce the impact of that rather than the judiciary being in their pockets.

    I’m afraid your language on this is utterly garbled. givingup said:
    The dwp is different because the government is breaking it's own rules on disabled rights,
    I have literally no idea what you’re talking about. What “rules” on disabled rights would these be then and how might they be being broken? 

    All if this is moot really. Claim DHPs if there’s a shortfall. Matter at an end.
  • [Deleted User]
    [Deleted User] Posts: 0 Pioneering
    Go away man. Not interested in you. Get off my post. You sound garbled to me mate.
  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    Happy to clarify anything you’re confused about but I don’t respond further when personal abuse starts and this thread is not “yours”. You started a public discussion. You’re welcome to use the ignored button but you don’t get to administrate the thread.
  • Ross_Scope
    Ross_Scope Posts: 6,648

    Scope community team

    edited May 2021
    I appreciate the difference of opinion here, but I'd like it if that continues to be done in a way that maintains respect for one another's view point, and this thread is heading down the opposite path to that.

    This is clearly a divisive issue and I've found all points of view here interesting, however I can no longer see this discussion heading in a productive direction so I will be closing it. 

    I accept that you don't agree with the comment from Mike @givingup and how it was presented, but we don't tolerate personal attacks towards another member, in accordance with our community guidelines.
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