The bedroom tax won't be scrapped in Scotland unless we stop excluding severely disabled tenants from Discretionary Housing Payments

As many media outlets report today, the Scottish Parliament is to be given new devolved powers to remove the cap on Discretionary Housing Payments (DHPs), with many commentators suggesting this will mean "the bedroom tax will be scrapped in Scotland". Sadly, that is not the case.

The reality is many local authorities across Scotland 'means test' DHPs, which perversely results in severely disabled tenants being excluded from DHPs because their disability benefits are taken into account when their disposable income is assessed. Why should disabled tenants have to pay the bedroom tax from their disability benefits? Govan Law Centre (GLC) believes this is wrong, both as a matter of legal principle and in terms of fairness.

For example, this week in GLC's two successful bedroom tax First Tier Tribunal appeals, both tenants had been refused DHPs by their local authority because they were in receipt of Disability Living Allowance.

Why should Scottish local authorities stop taking disability benefits into account when assessing eligibility for DHPs?

We can do no better than quote Lord Justice Maurice Kay from the leading English Court of Appeal case of Burnip and others v. The Secretary of State for Works and Pensions [2012] EWCA Civ 629 (at para 45):

"First, I think it is necessary to draw a clear distinction between the benefits which Mr Burnip was entitled to claim for his subsistence, and those which he was entitled to claim in respect of his housing needs. His incapacity benefit and disability living allowance were intended to meet (or help to meet) his ordinary living expenses as a severely disabled person. They were not intended to help with his housing needs ... It would therefore be wrong in principle, in my judgment, to regard Mr Burnip's subsistence benefits as being notionally available to him to go towards meeting the shortfall between his housing- related benefits and the rent he had to pay".

Disabled people need disability benefits to meet their extra living costs by reason of their disability. Taking disability benefits into account as disposable income is wrong as a matter of not just legal principle but also as a matter of basic fairness and equity. 

GLC is calling upon the Scottish Government to work with the UK Government to make sure it has the power not only to set the cap for DHPs, but if it wants to scrap the bedroom tax it has to ensure it has the power to require all local authorities in Scotland to stop excluding severely disabled tenants from DHPs because they receive disability benefits.

The bedroom tax won't be scrapped in Scotland unless we stop excluding severely disabled tenants from Discretionary Housing Payments

First Tier Tribunal rules that dining rooms were not 'under-occupied' bedrooms for Glasgow tenants

Govan Law Centre (GLC) has been successful in arguing that tenants who used a 'bedroom' as a dining room should not be subject to an under-occupation (commonly known as 'the bedroom tax') deduction from their housing benefit entitlement.

In the case of 'E', the tenant has used her downstairs 'bedroom' as a dining room since the commencement of her tenancy in 2007. It had never been used as a bedroom. Her kitchen was too small to be used for dining purposes.

The appellant's solicitor, Mike Dailly of GLC, argued that as the term 'bedroom' was not defined in the Housing Benefit Regulations the word had to be interpreted in relation to its ordinary meaning, and in particular having regard to the actual facts and circumstances of the appellant's case, including her actual useage.

The respondent, Glasgow City Council, argued that regard should be had to the fact that three of the property's rooms could be occupied as bedrooms, notwithstanding on the evidence the appellant had not chosen to occupy one of them as such.

The Tribunal found that 'The appellant's use of the downstairs room as a dining room is long established and reasonably necessary for her use of the property', and allowed the tenant's appeal.

In the case of 'L', the tenant was the sole occupant of a 4 bedroomed property since 1997 and had always used the downstairs 'bedroom' as a dining room and as a storage space for her electric mobility scooter, manual wheelchair and walker.  The Tribunal found on the evidence that 'the use of the downstairs room as a dining room and also for storage of [the appellant's] disability equipment is long established and reasonably necessary for her use of the property', and allowed the tenant's appeal. 

Housing benefit would be backdated from 1 April 2013.  Copies of the Decision Notice in both cases are available as a PDF here.

First Tier Tribunal rules that dining rooms were not 'under-occupied' bedrooms for Glasgow tenants

GLC statement on the effective abolition of the bedroom tax in Scotland

Govan Law Centre welcomes the recent intervention from the Scottish Government in relation to effectively abolishing the bedroom tax in Scotland. We attended a series of public meetings in 2012 where we called for a prevention of homelessness fund to be created by the Scottish Government and for tenants facing bedroom tax arrears to be prevented from eviction. These were not mutually exclusive and we felt that both measures would protect Scotland's most vulnerable.

Our calls were listened to by Johann Lamont MSP and Humza Yousaf MSP who both agreed to consider our proposals with their respective parties in November 2012. Shelter Scotland furthered the argument for a prevention of homelessness fund by requesting that £50m was found by the Scottish Government in order to plug the gap in peoples ability to pay their rent after their bedroom tax deductions, which Govan Law Centre fully endorsed.

In February 2013 we launched a petition at the Scottish Parliament in order to protect all tenants in social housing from being evicted for the bedroom tax. Our petition was supported by Oxfam, the STUC, Shelter Scotland, Money Advice Scotland and over 5,000 individuals. Many councils across Scotland agreed with our premise and stated they would not evict any tenants who were affected by the bedroom tax. Our petition ultimately took us to Holyrood where we argued for its implementation and was also brought forward by Scottish Labour's Jackie Baillie MSP as a Private Members bill, which also included the demand for a prevention of homelessness fund.

In April 2013 we launched the bedroom tax toolkit available free to download from our website. The  GLC tool is essentially a step by step guide which tells you how to go about appealing any decision made against you with regards to the bedroom tax, to your local authority. GLC's toolkit contains a number of untested legal arguments which tenants can select and insert into a pro forma ‘Dispute Form’. Some of these relate to court challenges taking place in England and Wales, and if these are successful tenants can only benefit from them for past deductions if they have lodged an appeal with their council because of the 'anti-test case rules'.

In March 2013 GLC attended another public meeting on the bedroom tax where much anger and disillusionment was brought to the floor. We were able to advise those in attendance about what could and could not be done from a legal perspective with regards to the bedroom tax. GLC were concerned that a mass campaign on non-payment would develop which in essence could make people lose their homes. Our advice was that if you could pay, then you should, however if you could not afford to and eviction proceedings were brought against you, that we would defend your home in the courts. 

We then felt that we should get out to communities and try to raise awareness of the bedroom tax and what could and could not be done in response to it. Taking our message to the communities of Scotland was vital as there was much confusion and misinformation about the bedroom tax which we felt had to be addressed. It was also essential that we let communities know that there was a way to fight back and defend their homes from the threat of eviction. We informed about our petition, our toolkit, the process of eviction and to answer any technical questions which came about in relation to the bedroom tax as well as dispel some of the myths which were around at the time.

We also attended a rally in Glasgow where 5,000 people marched against the bedroom tax. The march was organised by what went on to become the Scottish Anti Bedroom Tax Federation who continue to offer support to those affected. It was felt by our organisation that if we oppose the bedroom tax then we should also have a presence at the march and were invited to speak to those present.

As the bedroom tax came into existence in April 2013 we became inundated with calls from across the United Kingdom. We directed most callers to our toolkit and helped people to fill them out as best we could, even for those outwith our own catchment area. In many cases we were able to empower families to challenge the bedroom tax when it was in place for them erroneously. We spoke at many conferences across Scotland advising people to challenge their decision through using our toolkit. At this point we have successfully won the first Human Rights Act unlawful discrimination bedroom tax appeal, with many more awaiting tribunal dates.

We would like to thank the Scottish Government for taking this bold step in stopping the most regressive social policy in Scotland since the poll tax. In particular, we are grateful to Jackie Baillie MSP for working tirelessly and securing the right to introduce the Protection from Eviction (Bedroom Tax) (Scotland) Bill. Without the pressure of Jackie's Member's Bill we wouldn't be where we are today.

We would also like to thank those organisations and people who supported our campaign from the beginning whether it is facebook groups, homeless organisation or politicians. With the combined efforts of all campaigners we have convinced the Scottish Government to kick the bedroom tax out of Scotland. Govan Law Centre will continue to watch events with the bedroom tax and we will now move on to our next campaign and hope you will join us in that too.

GLC statement on the effective abolition of the bedroom tax in Scotland

GLC welcomes Welfare Reform Committee's report and renews its 2012 call for £50m to neutralise the bedroom tax in Scotland

Govan Law Centre welcomes the Scottish Welfare Reform Committee’s statement on the unfairness of the bedroom tax. At Govan Law Centre we see those affected by the bedroom tax on a daily basis and are currently fighting for our clients to stay in their home.

The Scottish Parliament should be given more powers and resources in order to mitigate the bedroom tax however we feel that currently the Scottish Parliament has the ability to legislate creatively in order to mitigate the effects of the bedroom tax on the Scottish people. 

Our call from November 2012 for a prevention of homelessness fund to be created, supported by Shelter in February 2013 asking for a £50m fund is one way we feel the Scottish Parliament could utilise their current powers. A recent petition in the Scottish Parliament backed this position and we hope that it is successful. 

Of course the best way to stop this regressive housing policy is to scrap the bedroom tax in its entirety and that this power lies with Westminster and we join the Committee in calling for the Westminster Government to call an end to the bedroom tax.

GLC welcomes Welfare Reform Committee's report and renews its 2012 call for £50m to neutralise the bedroom tax in Scotland

European Convention on Human Rights bedroom tax victory for severely disabled woman

A Tribunal Judge in Glasgow has set-aside an under-occupancy decision against a severely disabled woman on the grounds that it was incompatible with the appellants rights under Article 14 of the European Convention on Human Rights, read with Article 1 of the First Protocol. GLC believes this may be the first reported successful UK challenge on Human Rights grounds against the bedroom tax.

The woman, with Primary Progressive Multiple Sclerosis, was expected to share a specially adapted bedroom with her husband. The imposition of the bedroom tax had placed the couple in arrears of rent with their housing association landord. Tribunal Judge Boyd held that:

"In terms of section 3(1) of the Human Rights Act 1998 regulation B13(5)(a) of the Housing Benefit Regulations 2006 can and should be read as follows:  "(a) a couple (within the meaning of Part 7 of the Act) (or one member of a couple who cannot share a bedroom because of severe disability)."  Not to so read it would be incompatible with the appellant's rights under Article 14 of the European Convention of Human Rights read with Article 1 of the First Protocol of the European Convention of Human Rights".

"Applying regulation B13(5)(a) as so read, the appellant is entitled to two bedrooms.  Accordingly there should not be an under occupancy reduction of 14% in her housing benefit entitlement from 1 April 2013.”

The Tribunal judge distinguished the present case from the recent unsuccessful judgment of the English High Court in MA, and supported the appellent's position that the English Court of Appeal's decision in Gorry was in point with the facts and circumstances of the appellant:

"The judgement in MA, at paragraph 88, distinguished the ten cases before the High Court under judicial review procedure from the decision in Gorry on the basis that Gorry related to a discrete group; families with children who could not share a bedroom by reason of their disabilities.  This approach was not applied in MA as it was considered that there was no discrete group.  As explained above, the Tribunal considers that the appellant is a member of a discrete group very similar to the group considered in Gorry – a person who cannot share a bedroom by reason of her severe disabilities - and as a result Gorry is the case most in point.  The judgement in Gorry was made by a higher Court that the judgment in MA.  It related to a statutory appeal, as is the case here, rather than a judicial review.  It is noted that there will be no appeal against the decision in Gorry but that permission has been granted for an appeal to be made against the decision in MA, and this appeal is being expedited".

The appellant's solicitor, GLC's Mike Dailly, said: "We are delighted for our client, and believe that this judgment is very robust as there was no dispute on the facts that the appellant was severely disabled and could not share her specially adapted bedroom with her husband. She did not have a spare or extra bedroom, she required her own bedroom to meet her needs as a severely disabled person. We think this decision - which we understand may be the first reported success in using unlawful discrimination and human rights law to challenge a bedroom tax decision in the UK - will be of great significance to other severely disabled people in similar circumstances to our client".

The judgment of Tribunal Judge LD Boyd is published here (with some personal data redacted to preserve our client's right of confidentiality).

European Convention on Human Rights bedroom tax victory for severely disabled woman

Protection from Eviction (Bedroom Tax) (Scotland) Bill proposal and consultation launched

A bill that would protect victims of the bedroom tax has been lodged with the Scottish Parliament by Scottish Labour's social justice spokesperson Jackie Baillie. The bill proposal and consultation paper can be viewed online here. 

Govan Law Centre (GLC) has assisted in the drafting of the Bill proposal and accompanying documents. The proposed legislation will ensure that anyone who falls into arrears as a result of the bedroom tax will not be evicted from their home. 

The bill has been backed by Govan Law Centre, the Church of Scotland, the STUC, the Poverty Alliance, both the Bedroom Tax Campaigns in Scotland and many others besides. 

Jackie Baillie said: "The bedroom tax is unfair and unworkable, it doesn't make financial sense and is targeting some of the most vulnerable tenants in our communities. David Cameron should end this unjust policy right now. We have an opportunity to make it clear that all victims of the bedroom tax, whether council or housing association tenants, will be protected from eviction from their homes." 

Tommy McMahon, Govan Law Centre's Chairman said: "GLC fully supports Jackie Baillie proposed Bill which would prevent bedroom tax rent arrears being used to evict Scottish secure tenants. It makes no economic sense to evict tenants, disabled people and children for bedroom tax arrears when they cannot downsize to a smaller property in practice, obtain a smaller specially adapted home, or find an extra £50 per month from breadline benefits. The Scottish Parliament has the power to protect tenants from the bedroom tax and it's time to act."

The Rev Sally Foster-Fulton, Convener of the Church and Society Council of the Church of Scotland said: “At this year’s General Assembly, the Church of Scotland agreed to press the Scottish Government for legislation guaranteeing there would be no evictions for rent arrears accrued simply by failing to make the additional payments caused by the “bedroom tax”.  Whilst we recognise that local authority budgets are being continually squeezed, forcing those who cannot afford these additional payments  to carry the burden for this flawed  policy is not fair.  We urge the UK Government, Scottish Government and local authorities to work together to find a more equitable solution.  I welcome Jackie Baillie’s proposals, but with the reversal of the “bedroom tax” policy, they would not be needed in the first place.”

Peter Kelly of the Poverty Alliance said: "It is hard to underestimate the negative impact that the bedroom tax is having on individuals and communities across Scotland. Not only are people struggling to get by on already reduced incomes, but now many are fearful about being evicted from their homes. In this context we must explore every opportunity to protect individuals from the impact of the Bedroom Tax. We therefore welcome the launch of Jackie Baillie’s Members Bill and would encourage organisations and individuals to respond to the consultation. Every effort must be made to protect individuals and communities from this disastrous policy."

Dave Moxham, Deputy General Secretary of the STUC said: “STUC wants the Bedroom Tax repealed by Westminster and action in Scotland to prevent tenants getting into debt.  But STUC is also ultimately opposed to the eviction of Scottish tenants whose arrears are a consequence of the Bedroom Tax.  The Scottish Parliament has the power to act on this by supporting Jackie Baillie’s Bill and in so doing reinforce its opposition to this iniquitous and inhumane measure.”

Gail Morrow of the Scottish Anti-Bedroom tax Federation said: "We have supported the Govan Law Centre petition, and helped it to gain over 5000 signatures. Now that there is a member’s bill based on it, put forward by Jackie Baillie MSP, the actions called for by the petition are one step closer to being acted upon. This will remove the threat of eviction from the thousands of people who worry about paying for basics such as food and heating. The bedroom tax is a horrible piece of legislation, forced upon us by the Westminster government. In Scotland, we don't have the power to repeal the bedroom tax, but we do have the power to remove the worst effect of it - the threat of eviction." 

Alan Wyllie of the No2 Bedroom Tax campaign said: “The Scottish Government should be leading on this issue and taking a stand against the bedroom tax. We support this Bill because it would remove the fear of eviction for thousands of bedroom tax victims across Scotland. However the Scottish Government must also pledge to fund the £50m ‘bedroom tax shortfall’ so council and housing association budgets don’t have to pay the price for this cruel tax.”

Cllr Mark Macmillan, Leader of Renfrewshire Council said:

"Jackie Baillie and Scottish Labour are to be congratulated on bringing forward measures today to protect tenants who are being pushed into debt because of the bedroom tax.  Scottish Councils can commit to no evictions policies just now – but over 40% of tenants in Scotland live in housing association properties.  Councils cannot protect these people and we need the Scottish Government to act decisively now to protect this group of tenants."

Protection from Eviction (Bedroom Tax) (Scotland) Bill proposal and consultation launched

BBC Radio 4's Money Box discussion of successful tribunal challenges to bedroom tax decisions

BBC Radio 4's Money Box has discussed the issue of successful first tier tribunal challenges to the bedroom tax (Saturday, 14 September 2013). You can listen to GLC's Principal Solicitor explain the implications of the Fife Law Centre cases decided by Tribunal Judge Simon Collins Q.C on the BBC iPlayer. There is also a reference to current challenges for disabled tenants and occupiers based on unlawful discrimination and ECHR caselaw. The discussion starts 19 mins into the show on the BBC iPlayer here. GLC is in the process of updating its 'Bedroom Tax Toolkit' to take on board the lastest case law developments - more details as soon as possible.

BBC Radio 4's Money Box discussion of successful tribunal challenges to bedroom tax decisions

Govan Law Centre to draft Bill to prevent vulnerable Scots being evicted for bedroom tax arrears

Glasgow's Govan Law Centre (GLC) is delighted to announce that it's 'No Evictions for Bedroom Tax Arrears petition' will now be taken forward as a Member's Bill in the Scottish Parliament. The sponsoring member is Jackie Baillie, the Shadow Cabinet Secretary for Welfare and MSP for Dumbarton. GLC has agreed to provide full legal and policy support in the drafting of the proposed legislation and accompanying documents.

'Under-occupancy deductions' are losing tenants of councils and housing associations in Scotland £12 per week on average, with some tenants losing as much as £22 per week in housing benefit. Around 105,000 households in Scotland are affected by the bedroom tax, of which 80% contain a person with a disability.

When it comes to Scottish rent arrears eviction actions in sheriff courts, often the success or failure of a tenant in preventing eviction will turn on a few pounds per week, for example the standard payment for arrears direct is £3.55 per week. Accordingly, £12 to £22 per week being deducted from rent payments under the bedroom tax creates the perfect storm for a major increase in evictions and homelessness in Scotland, as tenants are unable to downsize or find extra money from very low incomes.

Govan Law Centre's Chairman, Tommy McMahon said: "Govan Law Centre has suggested a small amendment to section 16 of the Housing (Scotland) Act 2001 which would prevent 'bedroom tax rent arrears' being used to establish or justify a crave for eviction, and instead the landlord could obtain a payment decree for these 'type of arrears', and pursue them an ordinary debt".

"We are very grateful that Jackie Baillie MSP has agreed to champion this law reform proposal, and stand up for Scotland's most vulnerable tenants. It makes no economic sense to evict tenants, disabled people and children for bedroom tax arrears when they cannot downsize to a smaller property in practice, obtain a smaller specially adapted home, or find an extra £50 per month from breadline benefits. The Scottish Parliament has the power to protect tenants from the bedroom tax and it's time to act'.

GLC is also supporting the calls - along with Shelter Scotland and many others - on the Scottish Government to find £50m for social landlords to off-set the impact of the bedroom tax.

Govan Law Centre to draft Bill to prevent vulnerable Scots being evicted for bedroom tax arrears

GLC cautions against presuming non-payment of bedroom tax arrears leads to 'intentional homelessness'

A number of recent housing articles and commentators have suggested that where a tenant is evicted due to the inability to pay rent due to under-occupancy (bedroom tax) deductions, they will 'usually be classified as intentionally homeless', and not be entitled to alternative accommodation as a homeless person. This is not a correct statement of the law in Scotland or England, Wales or Northern Ireland.

The statutory intentional homelessness test requires a deliberate act or omission in consequence of which accommodation is lost. This essentially requires local authorities to consider the issue of fault. For example, in the English Court of Appeal case of William v. London Borough of Wandsworth the court expressed this test as follows:

"I accept, of course, that it was for the authority to explain why it took the view that the failure to pay monies due under the mortgage was 'deliberate' within the meaning of section 191(1) of the 1996 Act: or, to put the point the other way, why the failure to pay monies due under the mortgage was not properly to be treated as 'non-deliberate' – in the sense that it was forced upon the applicant through no fault of his own" (at para 36, [2006] EWCA Civ 535).

Where a tenant is paying rent (by way of housing benefit) but accrues rent arrears due to the effect of the bedroom tax and is unable to take any reasonable steps to avoid this, then there would be a strong presumption that this was not the 'fault' of the tenant. If so, a tenant in such circumstances who lost their home should not be deemed intentionally homeless. There is ample authority for this principle, for example:

In R v. Tower Hamlets London Borough Council ex parte Mahmood a council tenant was evicted for arrears.  She was found to have become homeless intentionally. Sir Louis Blom-Cooper Q.C quashed the council’s decision as it failed to indicate whether the council had found that Ms Mahmood deliberately failed to pay her rent – as opposed to being in multiple debt and unable to pay.

R v. Tower Hamlets London Borough Council ex parte Ullah (1992) 24 HLR 680 was a case where an owner occupier in multiple debt sold his house to repay debts: insufficient enquiries were made into the necessity of this course of action and a decision of intentional homelessness was quashed by the court.

Tenants in the South and North East of Glasgow can contact Govan Law Centre's Prevention of Homelessness team for further advice and where possible legal representation: (t) 0141 440 2503.

GLC cautions against presuming non-payment of bedroom tax arrears leads to 'intentional homelessness'

Govan Law Centre to defend bedroom tax evictions across Scotland

With over 105,000 households in Scotland affected by the bedroom tax - and with 79% of households having either a disabled tenant or resident - Govan Law Centre (GLC) has pledged to defend bedroom tax evictions across Scotland.

Over the last year GLC has led the campaign in Scotland against evictions for bedroom tax arrears with its law reform petition, now calling before the Scottish Parliament on 25 June 2013.

GLC's Principal Solicitor, Mike Dailly said: "GLC's Prevention of Homelessness team has led the way with our bedroom tax toolkit which is being used by tens of thousands of tenants, law centres and advice agencies across the UK. GLC is preparing judicial review cases on behalf of its clients in Glasgow and will be challenging the legality of the Department of Works and Pension's under-occupancy housing benefit cuts".

"As a campaigning community law centre in Scotland, GLC will not sit by and watch tenants evicted because of the bedroom tax, and today we pledge that our Principal Solicitor, Mike Dailly, and our team of housing law solicitors and prevention of homelessness caseworkers will defend and protect tenants across Scotland from evictions for bedroom tax arrears where possible".

If any advice agency requires specialist legal representation for free please contact GLC on 0141 440 2503, and where possible our Principal Solicitor will defend for free. For tenants in Renfrewshire we are working with Renfrewshire Law Centre who will represent you for free in bedroom tax arrears eviction cases.

Govan Law Centre to defend bedroom tax evictions across Scotland

Scots face postcode eviction lottery from Scottish Government approach; 150,000 Scots denied protection from bedroom tax evictions

Scotland's Housing Minister has written to the Scottish Parliament's Petitions Committee rejecting GLC's call for legislation to prevent bedroom tax evictions in Scotland, and instead has suggested the approach of Dundee City Council (DCC) is to be preferred.

The temporary one year approach of DCC involves not evicting council tenants for bedroom tax arrears 'where the Director of Housing is satisfied that affected tenants are doing all they can be reasonably expected to in order to avoid falling into arrears'.

GLC believes DCC's approach is a step in the right direction - albiet we prefer an independent and impartial court based solution  - but remain puzzled as to how the Scottish Government can on the one hand support DCC's approach to no evictions for bedroom tax arrears, yet fail to ensure that all tenants of social landlords enjoy the same approach in Scotland? 

Only a handful of Scotland's councils have agreed to the approach embraced by the Housing Minister, which means there are approximately 150,000 Scots who reside in tenancies in the social rented sector exposed to a postcode eviction lottery from the bedroom tax. Many of these Scots are particulary vulnerable through disabilities, physical or mental ill-health, or financial exclusion.

None of the half a million or so Scots who reside in housing association properties are being offered any protection against bedroom tax eviction from the Scottish Government DCC approach, nor are the vast majority of council tenants in Scotland offered any hope - despite the fact, the Scottish Government could easily legislate to provide the same protection for all Scots in the social rented sector, which the Housing Minister believes is right and proper for a handful of council tenants to currently enjoy.

GLC believes that the Scottish Government has a responsibility to ensure that all tenants of social landlords in Scotland enjoy the same equality of protection against eviction for bedroom tax arrears; and that at the very least, the Scottish Ministers should use their powers to ensure all such tenants have the same equality of protection which the Housing Minister's supports in her letter to the Petitions Committee.

Scots face postcode eviction lottery from Scottish Government approach; 150,000 Scots denied protection from bedroom tax evictions

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

Govan Law Centre (GLC) has published its highly successful 'Bedroom Tax Toolkit' in Czech, and is distributing the Czech version of its toolkit through Govanhill Law Centre to assist members of the EU migrant worker communities in Glasgow. The Czech version of GLC's bedroom tax toolkit is freely available here.

GLC's 'Challenging the Bedroom tax Toolkit', aims to provide people with a means to utilise their rights of review and appeal in law, in terms of changes in the eligibility rules to UK housing benefit from the new 'under-occupancy' rules, which came into force last month.  

The GLC bedroom tax toolkit was developed to protect our clients and other tenants across the UK, including in terms of the 'anti-test case' social security rules, whereby if future legal challenges to the bedroom tax were successful (there are over 10 judicial reviews ongoing across the UK at present) people would be able to receive back payments, subject to any successful court challenge.

GLC has been careful not to give false hope to people; we are empowering and enabling people to act upon their human rights to challenge bedroom tax and housing benefit decisions. Legal arguments are untested, although there are some decisions which point in the favour of disabled tenants in particular in the UK.

GLC's toolkit has been e-mailed to over 7,000 people across the UK by us directly, and has been distributed many times more through social media and online resources, and is available through a number of advice agency websites, including Shelter Scotland, Shelter Wales and Birmingham Law Centre.

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

GLC to discuss impact of bedroom tax for Scots with learning disabilities at Scottish Parliament

Govan Law Centre (GLC) will address members of the Scottish Parliament's Cross-Party Group for Learning Disability this afternoon on the impact of the 'bedroom tax' on Scots with learning disabilities.

The Cross-Party Group chaired by Jackie Baillie MSP, Convenor, and Jim Eadie MSP, Deputy Convenor, will be provided with an update on GLC's 'No eviction for bedroom tax' campaign - which is due to call again before the Parliament's Petitions Committee on Tuesday 25 June 2013 - and a report on the uptake across Scotland and the UK of GLC's Challenge the Bedroom Tax 'Toolkit'. 

The Parliamentary Group will be presented with real life examples of casework from GLC's Alistair Sharp and Gary Burns. Our case studies aim to highlight the particular issues surrounding those with a learning disability in relation to the bedroom tax. We will highlight the recurring issues and particular problems facing someone with learning difficulties, and what organisations can do in order to offer support in relation to the bedroom tax and other welfare reform. 

GLC aims to demonstrate how people with learning difficulties may have problems in asserting their legal rights, and in many cases may require coordinated access to other agencies. GLC will explain how small changes to an agency's practice can help provide positive solutions and better outcomes for Scots with learning disabilities.

GLC to discuss impact of bedroom tax for Scots with learning disabilities at Scottish Parliament

Govan Law Centre challenges bedroom tax decisions before 1 April 2013 and poor advice by local authorities

Govan Law Centre is concerned that many local authorities in Scotland, and across the United Kingdom, have been issuing 'bedroom tax ' decision letters to tenants before the under-occupancy changes to UK housing benefit law came into force on 1 April 2013 (regulation 5).  We are currently challenging this practice and will provide progress updates on this blog in due course.

GLC is also aware that some local authorities in Scotland and England have wrongly advised tenants that they cannot appeal a decision to reduce their housing benefit because of the bedroom tax - that advice is wrong, and any such refusal would be unlawful, as decisions to reduce housing benefit are subject to review and appeal in terms of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations, as amended, in the normal way.

Many councils - including Glasgow City Council - have issued tenants across the UK with decision letters reducing their housing benefit in light of the new 'B13' bedroom tax regulation (see also here for a consolidated set of the 2006 Housing Benefit Regulations as amended) in February and March of this year. In general, tenants have one month to seek a review and/or appeal of a housing benefit decision (unless they have grounds for a late appeal), but many tenants will have only been aware of their rights relatively recently - for example GLC's bedroom tax toolkit was only published earlier this month.

However, the 2006 Housing Benefit regulations make it clear that 'a change in circumstances' which affects entitlement (in this case, deductions from the commencement of the bedroom tax on 1 April 2013) 'shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs' (see reg 79 of the 2006 regulations as amended).

Reg 90 of the 2006 regulations makes it clear that decision letters should be intimated to tenants 'forthwith, or as soon as reasonably practicable thereafter, or within 14 days of that decision'. The English courts have generally held if a defective decision letter does not cause prejudice to the claimant then its validity should be upheld; however, if local authorities refuse to review bedroom tax decisions issued before 1 April 2013 by claiming the tenant's dispute letter is too late, there would be grounds to argue the council had indeed caused prejudice to the tenant.

The DWP's own guidance on the bedroom tax (HB/CTB Circular A4/2012) advises local authorities not to issue bedroom tax decisions before 1 April: 'As an award notice cannot be sent before the legislation comes in to force, you may wish to combine this notification with the annual review letter in April to avoid multiple communications' (see para 25). There is therefore little doubt that many local authorities have acted prematurely.

What should you do?
If you feel aggrieved by a reduction in your housing benefit because of the bedroom tax and believe you are entitled to the use of all of your bedrooms on human right grounds, download GLC's bedroom tax toolkit and challenge your council's decision - you still have time to do this, and if your decision letter was issued in February or March, use the arguments above to say why your challenge is not late.

Govan Law Centre challenges bedroom tax decisions before 1 April 2013 and poor advice by local authorities

Launch of GLC 'toolkit guide' calling for mass take-up challenge to bedroom tax housing benefit decisions

Govan Law Centre has launched a free 'toolkit guide' to help tenants challenge cuts to their housing benefit with the introduction of the bedroom tax from this month.  Tenants issued with a ‘bedroom tax’ decision by their local council only have one month to challenge it. They can only appeal later than this if they have a good reason for the delay, such as illness.

GLC's toolkit contains a number of untested legal arguments which tenants can select and insert into a pro forma ‘Dispute Form’. Some of these relate to court challenges taking place in England and Wales, and if these are successful tenants can only benefit from them for past deductions if they have lodged a ‘Dispute Form’ with their council because of the 'anti-test case rules'.

GLC’s toolkit provides step by step guidance and illustrations on how to complete a ‘Dispute Form’ – what to say, where to send it to, where you can get further advice, what will happen next.  We hope the toolkit will be of assistance to both tenants and advisors alike. We believe many tenants will have grounds in principle to challenge

If you would like a copy of GLC’s toolkit guide please visit our webpage here, and we will provide you with the option to download the toolkit in either PDF or rich text formats, and in addition we will e-mail you the links to download it too. We are asking for the first part of your postcode so that we can work out the level of take up across the country.

Although our guide is aimed specifically at Scotland for simplicity, the guidance and pro forma guidance is equally applicable in England and Wales as housing benefit is a UK-wide law, and the arguments for challenging the bedroom tax are also UK-wide.

Launch of GLC 'toolkit guide' calling for mass take-up challenge to bedroom tax housing benefit decisions

GLC welcomes First Minister's commitment to 'No evictions for bedroom tax' but warns of a post-code bedroom tax eviction lottery in Scotland

The First Minister, Alex Salmond MSP announced today that all SNP-led local authorities would embrace a 'no evictions for bedroom tax' policy, ensuring that where tenants were paying their rent but struggling to cope with the bedroom tax, they would not be evicted by their local authority landlord.

This policy approach was first proposed in Scotland by Govan Law Centre, and our 'No evictions for bedroom tax' campaign has since been backed by a wide range of civic bodies in Scotland including the STUC, Oxfam, Shelter Scotland, tenants bodies, mental health charities and almost 5,000 signatures to our petition to the Scottish Parliament.

The SNP currently lead nine of Scotland's 32 local authorities although they only have a majority in one council, Dundee City Council, which has already implemented a 12 month 'No evictions for bedroom tax' policy.

GLC welcomes the First Minister's commitment to the 'No evictions for bedroom tax' campaign, but notes that the Scottish Government has the power to require all of Scotland's 32 local authorities and 183 registered social landlord housing associations and co-operatives to embrace the same policy which the First Minister has today embraced and approved.

GLC believes it would be grossly unfair for only some tenants to benefit from this policy in Scotland while others do not. We do not believe that a 'post-code bedroom tax eviction lottery' is in the Scottish public interest. We hope that the Scottish Government will embrace the need to ensure that all tenants in the social rented sector in Scotland benefit from a 'No evictions for bedroom tax' policy.

GLC welcomes First Minister's commitment to 'No evictions for bedroom tax' but warns of a post-code bedroom tax eviction lottery in Scotland

GLC welcomes Housing Minister's advice on bedroom tax and apparent support for the principle of 'No evictions for bedroom tax arrears''

Govan Law Centre (GLC) has welcomed the Scottish Housing Minister's advice for landlords on the bedroom tax, which the Scottish Government has announced today.  In particular, GLC is pleased to see Housing Minister, Margaret Burgess, encourage social landlords to work with local authorities on the reclassification of 'bedrooms' where appropriate to mitigate the impact of the bedroom tax.

This was a legal issue which GLC on behalf of the Glasgow Advice Agency Ltd (GAA) had obtained the opinion of senior counsel over a month ago, and which GAA had expressly called for the Scottish Government to utlise as a practical strategy to minimse the application of under-occupancy charges, especially where a household had a disabled person. We support the Minister's helpful words of encouragement to social landlords' today:

"There are also circumstances where a bedroom’s classification may be changed and tenants not penalised. Again, I would encourage landlords to consider this possibility and work with their local authority if at all possible".

GLC also welcomes the Minister's endorsement of Dundee City Council's 'No eviction for bedroom tax arrears' policy, which we believe is a very progressive initiative based upon the exact same principle as our 'No eviction for bedroom tax arrears' campaign. The Dundee City Council policy will last for 12 months and guarantees that no tenant who is doing their best to pay their rent arrears will be evicted for bedroom tax arrears. The Minister's statement on this issue is reproduced below, and GLC hopes that the Scottish Government will reconsider its position on amending section 16 of the Housing (Scotland) Act 2001 in light of its apparent support for Dundee's no evictions for bedroom tax policy.

The Scottish Housing Minister said today: "You may wish to be aware of the policy adopted by Dundee City Council which I believe provides a useful template to protect tenants who genuinely cannot make up the shortfall in rent caused by the bedroom tax. The Council has committed that, where the Director of Housing is satisfied that affected tenants are doing all that can be reasonably expected to in order to avoid falling into arrears, they will use all legitimate means to collect rent due, except eviction. I would encourage you to consider this as a mechanism to protect the most vulnerable of your tenants.”

GLC welcomes Housing Minister's advice on bedroom tax and apparent support for the principle of 'No evictions for bedroom tax arrears''

Scottish Government provide flawed reasoning and no evidence to reject the principle of 'No evictions for bedroom tax arrears'

Addressing a packed roundtable meeting of Scottish community groups, trade unionists and representatives of civic Scotland bodies organised by the Scottish Trade Union Congress (STUC) tonight, Govan Law Centre set out why it believed the Scottish Government had based its decision to reject the 'No evictions for bedroom tax arrears' campaign on flawed reasoning and without any evidence.

The Scottish Government set out its position on why it would not amend section 16 of the 2001 Housing (Scotland) Act to prevent evictions caused by under-occupancy deductions to housing benefit during General Question Time in the Scottish Parliament today (the BBC Scotland video of GQT is below).

Govan Law Centre's analysis of the reasoning put forward by the Scottish Government today can be read here, and these points were discussed at the STUC this evening, where all participants very strongly rallied around the principle of 'No evictions for bedroom tax arrears' in Scotland.

GLC hopes that the Scottish Government will reconsider its position here, and take the opportunity to ingather empirical evidence, as well as taking evidence on the proposal from Scottish community representatives, trade unions, disability rights campaigners, advice agencies and civic Scotland.

Scottish Government provide flawed reasoning and no evidence to reject the principle of 'No evictions for bedroom tax arrears'

Civic Scotland organisations unite for law reform to protect tenants against bedroom tax evictions

Oxfam, Govan Law Centre, Shelter Scotland, Money Advice Scotland, the Carrington Dean Group and Glasgow Central Citizens Advice Bureaux have come together to support a campaign film calling on the Scottish Government and Parliament to prevent Scottish tenants being evicted for bedroom tax arrears.

The campaigners are calling for section 16 of the Housing (Scotland) Act 2001 to be amended so that bedroom tax arrears are treated as an ordinary debt in law, and not as rent arrears which would constitute grounds or evidence for eviction. The new campaign film explains the expected impact of the 'bedroom tax', and the concerns that advice agencies and anti-poverty charities in Scotland have in relation to increased evictions and homelessness in Scotland.

The campaign film asks for people to sign and support the 'No evictions for bedroom tax' petition in the Scottish Parliament - which is online here: http://www.scottish.parliament.uk/GettingInvolved/Petitions/bedroomtax  (anyone, anywhere can sign this, and you do not have to be in Scotland or the UK to do so).  The 'Amend section 16' campaign film can be watched below.

Civic Scotland organisations unite for law reform to protect tenants against bedroom tax evictions

Oxfam Scotland backs 'No evictions for bedroom tax' campaign in Scotland

Oxfam Scotland is backing a change in the law that will help tenants affected by the controversial cuts to housing benefit stay in their homes in Scotland. The charity, which works with partners in Scotland to fight poverty and create sustainable livelihoods, is supporting a petition to the Scottish Parliament by Govan Law Centre (GLC), calling for an amendment to existing housing law.

The amendment will mean that rent arrears caused by the so-called 'Bedroom Tax' can't be used as grounds for eviction by social landlords like councils or housing associations. Government changes to housing benefit mean that, from April, people who are judged to have a 'spare room' will face a massive 14% cut in the support they get to keep a roof over their heads. Those with two 'spare rooms' will face a 25% cut.

Judith Robertson, Head of Oxfam Scotland, said: "Last year our Humankind Index for Scotland found that an affordable, decent and safe home is the top priority for Scots across the country. But housing benefit cuts will put thousands of people at risk of losing their homes. People on low incomes are already struggling.

"We recognise that social landlords are being placed in a difficult situation by these housing benefit cuts, but our priority surely has to be to keep families in their homes. The change in the law proposed by Govan Law Centre will help make sure that happens.

"We hope MSPs will support the petition, and we hope the UK Government realises the enormous damage these cuts will have on people."
 
 GLC's Principal Solicitor, Mike Dailly, said: "We are delighted that a leading global anti-poverty charity has decided to back our 'No Evictions for Bedroom Tax' petition in the Scottish Parliament.

"Oxfam's support for our Scottish campaign underlines the seriousness of the situation, with the prospect of tens of thousands of low income households in Scotland being threatened with homelessness unless they can find extra money for rent, and many families being pushed into destitution and poverty.

"We believe the Scottish Parliament has devolved powers which could be used to significantly mitigate the adverse impact of these changes to housing benefit, and hope that MSPs will join civic Scotland in supporting our No Evictions campaign".

Oxfam Scotland backs 'No evictions for bedroom tax' campaign in Scotland