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Upper Tribunal (Administrative Appeals Chamber)


You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) (Housing and council tax benefits - rent restrictions) [2017] UKUT 174 (AAC) (27 April 2017)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2017/174.html
Cite as: [2017] UKUT 174 (AAC)

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Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) (Housing and council tax benefits - rent restrictions) [2017] UKUT 174 (AAC) (27 April 2017)


Regulation B13 (‘bedroom tax’ or ’spare room subsidy’) - claimant and disabled wife unable to share same bedroom owing to wife’s disability needs; FTT should have directed local authority to calculate the claimant’s housing benefit entitlement without making a deduction of 14% for under occupancy (to avoid an unlawful breach of Mr & Mrs Carmichael’s ECHR art 14 rights (following R (Carmichael and Rourke) (formerly MA and others) v SSWP [2016] UKSC 58.

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URL: http://www.bailii.org/uk/cases/UKUT/AAC/2017/174.html