Author Topic: Merseyside couple win bedroom tax case  (Read 926 times)


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Merseyside couple win bedroom tax case
« on: 24 Apr 2014 07:12PM »

A Merseyside couple have won a key legal battle against the bedroom tax – after a judge ruled it breached their human rights.

Jacqueline Carmichael, who has spina bifida, and husband Jayson  won their fight to be exempted from paying  the controversial levy.

Mrs Carmichael, 42, is wheelchair-bound, unable to walk and requires a specially-made electronic mattress which helps alleviate the pressure of bed sores, where she spends almost all her days.

The couple have a small  two-bedroom flat in Southport and were being  forced to pay an extra £56 a month even though her debilitating condition means the couple cannot physically share a bedroom.

They took Sefton Council   to court and triumphed when a judge  concluded that because of Mrs Carmichael’s condition: “The appellant is entitled to two bedrooms under the provision of the Human Rights Act and no under occupancy reduction of 14% should be made on his benefit entitlement.”

Last May, five families, the Carmichaels among them, took their case to the High Court, challenging the legality of disabled people being hit by the bedroom tax.

Mr and Mrs Carmichael’s win is understood to be the first nationwide victory against the bedroom tax since their failed appeal in February against the Royal Court of Justice’s initial decision.

The ruling may now allow 420,000 other disabled people across the country to challenge the bedroom tax.

Mr Carmichael, 52, said: “We are over the moon.

“But we just feel we’ve been given a golden egg and we’re Jack looking anxiously up hoping the giant won’t come down the beanstalk.

“An appeal by the Department for Work and Pensions or our council may be around the corner.

“Everybody is delighted, if not a little shocked by this result. This extra money will do us the world of good.”

A spokesman for Sefton council said: “Like any council, we have no choice but to administer Housing Benefit in line with Government legislation.

“We understand this Housing Benefit appeal has been allowed but have yet to see the details or reasons for this.”

In light of the appeal decision, Sefton council is now awaiting a response from the Department for Work and Pensions.


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Re: Merseyside couple win bedroom tax case
« Reply #1 on: 24 Apr 2014 08:56PM »
Yay!!!   >thumbsup<


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Re: Merseyside couple win bedroom tax case
« Reply #2 on: 24 Apr 2014 11:58PM »
 >thumbsup<  >thumbsup<  >thumbsup<  >thumbsup<           >wheelchair<            >biggergrin<
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Re: Merseyside couple win bedroom tax case
« Reply #3 on: 26 Apr 2014 08:04PM »
A brilliant result :-)
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