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Thread: Housing benefit changes legal test to begin at High Court

  1. #1
    davewhit
    Guest

    Housing benefit changes legal test to begin at High Court


  2. #2
    Senior Member
    Join Date
    Dec 2012
    Location
    Staffordshire
    Posts
    955
    Lets hope this is heard fairly and the system is recognised to be flawed and discriminatory to disabled people.
    What lies behind us and what lies before us are tiny matters compared to what lies within us.

  3. #3
    vikstar
    Guest
    More on this.

    http://www.equalityhumanrights.com/n...t-regulations/

    Some may remember that I have been telling people to appeal any reduction in HB due to the Bedroom Tax for some time.

    If things change, as a result of this High Court case, any one who has not appealed but has a look alike case, will not automatically come under the remit of any change as a result of the High Court's rulings if they then qualify due to disability needs. This is covered under the Anti-Test Case Rule.

    As it has in the past.

    "13.

    These cases are all statutory appeals from the Upper Tribunal, so the anti-test case rule means the judgment has no impact on past periods in other cases. In HB, this rule is found in paragraph 18 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000. LAs are however likely to have to pay arrears in other cases where the claimant had already put in an appeal and this had been held pending the outcome of these cases."


    At the bottom of this circular.

    http://www.dwp.gov.uk/docs/a6-2012.pdf

    If that was the case, people would have to request a review, and if successful would only have any reduction of their HB reimbursed from the date of the review. Anyone that had previously appealed with a look alike case (Disability Discrimination), e.g. from 1st April would be owed arrears of any Bedroom Tax reduction from that date.
    Last edited by vikstar; 15-05-13 at 16:47.

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