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Supreme Court rules on unlawfulness of bedroom tax

Litigation Letter

Supreme Court rules on unlawfulness of bedroom tax

R (on the application of Rutherford and another) v Secretary of State for Work and Pensions [2016] UKSC 58, 9 November 2016

These were three high-profile conjoined appeals, challenging the Court of Appeal’s finding on the lawfulness of the housing benefit cap for under-occupied housing (popularly known as the “bedroom tax” policy) under Regulation B13 of the Housing Benefit Regulations 2006. In respect of the cases of Carmichael and Rutherford, the Supreme Court dismissed the Government’s appeals and upheld the Court of Appeal’s decision, and the cross-appeal by A was also dismissed.

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