Is every bedroom tax decision unlawful?

Last Updated: January 14, 2014By

10 Comments

  1. Big Bill January 14, 2014 at 4:38 pm - Reply

    Ahem… how do you know if it’s relevant unless it’s been considered? If there aren’t any records going back that far, as is suggested is the case with some if not many councils, how can it be considered? If hardly anyone, most notably the DWP who left mention of it absent from their guidance to councils, was aware of this post-96 issue, as seems to be the case, how would they know to consider it in the first place? This is one sorry mess after another.

    • Jonathan Wilson January 15, 2014 at 10:30 am - Reply

      Any council that says “we don’t go back that far” is lying… councils are ultra anal retentive when it comes to keeping “old” data. Most if not all of it, bar accidental damage, will have been archived in some form or another; from micro-feich in the 80’s/90’s to tapes in the 90’s/00#s+ (not sure how current archiving is done at present) and prior to 80’s will be paper trails… heck if its possible to get data from the 40’s/50’s its damn well possible to get it from 96!

  2. Mark Parry January 14, 2014 at 4:59 pm - Reply

    Every bedroom tax is illegal. It’s not up to any government or DWP to decide what is taxable.

    • Mike Sivier January 14, 2014 at 5:48 pm - Reply

      Mark, that’s exactly what governments do! What do you think the Budget is about, every year?

  3. ispy January 15, 2014 at 9:37 am - Reply

    Now an MP has raised the “pre-1996 Bedroom Tax issue in the House of Commons:

    http://www.24dash.com/news/housing/2014-01-14-MP-questions-bedroom-tax-debacle-as-council-slams-administrative-nightmare

    Do you have any further news update on this one, Mike?

  4. ispy January 15, 2014 at 9:42 am - Reply

    Bedroom Tax “loophole” to be closed in March:

    http://www.insidehousing.co.uk/care/freud-bedroom-tax-loophole-to-be-closed-in-march/7001634.article

    But a DWP spokesperson said “the precise date of the amendment to legislation would depend on the parliamentary timetable” – so it’s still anybodies guess!

  5. ispy January 15, 2014 at 9:47 am - Reply

    Another interesting piece on the “pre-1996” Bedroom Tax issue:

    http://www.theguardian.com/society/2014/jan/14/bedroom-tax-loophole-went-viral

  6. […] Reblogged from SPeye: I put out a post a few weeks back that said all bedroom tax decisions were ‘unlawful’ and the use of that word saw many legal professionals take offence at that term.  […]

  7. Gary Lloyd-Coxhead January 15, 2014 at 11:49 am - Reply

    As always, the decisions are rushed through without forethought and complete disregard for ‘fairness’ that this so called government trumpets as it’s raisin d’être for doing it. The consequences for the people who are the most vulnerable and unable to fight for justice is monumental and this government should hang its head in shame at what it has done, and continues to do, in the name of ‘fairness ‘. It is clear that what they have done IS unlawful and I hope that everyone that is able appeals their decision. The Bedroom Tax is a hideous monster and the sooner it is slain, the better. As a lifelong Conservative voter I WILL NEVER VOTE FOR THEM EVER AGAIN. They have shown their true colours in being heartless, vindictive and completely lacking in basic morals.

    • Big Bill January 15, 2014 at 12:57 pm - Reply

      I think the policy here is to pursue land clearance so luxury properties may be built for rich people to hide their wealth in. This isn’t to do with being fair at all, never was. It was made plain during discussions of these laws in Parliamentary debate there weren’t anything like enough properties to move into. Freud & IDS knew what they were doing. This is war between the rich and the poor, nothing else.

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