Hi, hoping someone with a creative brain can find a new angle to the bedroom tax

[macavity]

Hi, I've just joined the site as I'm desperately looking to find alternative legal angles to the imminent 'bedroom tax'. As the tax will be, in effect, a double benefit cut (ie first from the housing benefit then the equivalent has to be found again from subsistence benefits) I was wondering if, as the other benefits are 'inalienable' if it could be argued that they cannot be presumed available to cover the rent shortfall? I know DLA is not meant to be taken into consideration and is discrete. The recent upholding of Burnip judgment would support that too. However this does not help someone who may be in receipt of JSA of £71 per week who may find their HB cut by £14 but then, effectively, there is a second benefit cut if he/she has to find the £14 again from JSA, thus causing considerable hardship and putting the person below the 'amount the law says you need to liv on'. I will declare my interest here as i am also part of the 'We are spartacus' campaign group and we currently have 2 cases waiting to be granted Judicial Review. These are based very much around Article 8 and they focus on the plight of disabled tenants. I'm trying to think a bit laterally and explore other ways of challenging based more on social security law but not sure where to start or how much of the 1992 Act has been amended by the Welfare Reform Act. I'm not a lawyer, just a campaigner. Can't we have the Government charged with conspiracy to commit theft? (as they haven't made it clear its a double benefit cut with the implied threat of homelessness if the person doesn't pay up?) Only joking. Any suggestions most welcome.

[leclerc]

Re: Hi, hoping someone with a creative brain can find a new angle to the bedroom tax

The problem that the government are solving(I know it's not the PC way to say that) is that the equivalent Housing Benefit in the Private Sector called Local Housing Allowance works in the same way as the new proposals work. Having looked at Burnip it does appear to close that issue in terms of whether there are certain aspects of the HB that could be considered unfair: http://www.disabilityrightsuk.org/burnip.htm

If you look under the judgement then I think it offers for disabled children's parents and those people who require 24 hour care some hope but not those who are not. I hope that makes sense.