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Bedroom tax?

givingupgivingup Member Posts: 114 Pioneering
edited December 2020 in Disabled people
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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Replies

  • woodbinewoodbine Member Posts: 2,979 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?
    my advice is given freely and is correct to the best of my knowledge.
  • poppy123456poppy123456 Member Posts: 22,218 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.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • givingupgivingup Member Posts: 114 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.
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