A word of caution on the ‘Bedroom Tax exemption’ victory

After the excellent news that those in receipt of Housing Benefit since before 1996 are exempt from the Bedroom Tax comes the bad news. You have to prove it, and at least one council is claiming that it has destroyed its records from this long ago. This is extremely disappointing news. Nevertheless, I hope that some people out there have retained some proof that they were in receipt of HB from this period, and that not all councils have destroyed their records from that long ago. It’s possible that they haven’t, if the claim is still active. It may also be that there are other ways to challenge the claims of those councils, who deny that their is enough proof to support such claims for exemption. I don’t know, but it strikes me that it might be possible to prove that someone has been in receipt of benefit using other forms of evidence, which may cumulatively prove that they were in receipt of HB, or that the council itself has acted negligently in destroying the evidence. I’ll check Mike, SPeye, and the other blogs and repost any further material they have on this issue.

Mike Sivier's blog

bedroomtax

Campaigners in the UK have been celebrating after they found a little-known regulation that exempts many social housing tenants from the Bedroom Tax.

The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 state (in not so many words) that, if you have been in receipt of Housing Benefit since before January 1, 1996, then you are exempt from the Bedroom Tax.

The relevant part is on pages 32 and 33 of the PDF file, and schedule 3 (4) (3) (b) (ii) states that a break of up to 4 weeks in the continuous period is allowed.

Many people have seen this as a considerable victory, as it may affect a large proportion of the 660,000 households hit by the spiteful tax. Everyone who has lost money because of it has been urged to check whether they can appeal on these grounds.

Some have noted, with sadness, that people…

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