The Department for Work and Pensions (DWP), the UK Government Department tasked with implementing the bedroom tax, has announced that it is to appeal the decisions. Top QC Simon Collins. had ruled in favour of Fife residents and determined that rooms below certain dimensions could not qualify as bedrooms for the sake of Bedroom Tax implementation.
Fife Council, which collects the bedroom tax in the Region had announced that they would not be appealing the decision of Mr Collins but the DWP are now seeking permission to appeal directly.
The Department for Work and Pensions has released a bulletin which states:
“It has recently been reported that two First-tier Tribunal cases resulted in findings that rooms designated by the landlord as bedrooms were not capable of being such for the purposes of the Removal of the Spare Room Subsidy (RSRS) regulations. This is because the judge determined that the rooms did not satisfy the “space standard” as set out in section 326 of the Housing Act 1985 and section 137 of the Housing (Scotland) Act 1987 which is used to assess statutory overcrowding.”
“The Department for Work and Pensions will seek permission to appeal against the decisions given in these particular cases as space standards do not relate to the Removal of the Spare Room Subsidy, nor should a dining or living room be classified as a bedroom notwithstanding that the relevant Housing Act provisions would class them as such.”
Although approving of the decision by Fife Council not to ask for the decisions to be appealed, Fife News Online believe that the local authority has a duty to guarantee that there will be no evictions because of the Bedroom Tax.