I have been sent a ruling from the Upper Tribunal (below) which concerns a losing bedroom tax appeal at FtT in which a couple are forced to sleep in separate bedrooms because of disability which the UT registrar has (a) accepted as an appeal and (b) stayed until the Supreme Court hears MA & Ors.
This stay by the Upper Tribunal:
- encourages other FtT appeals on similar grounds
- encourages already lost appeals at FtT
- suggests strongly the UT believe that MA & Ors WILL be heard by the Supreme Court
All of the above are encouraging for bedroom tax appeals. Tribunal judges will be made aware of this quickly and when FtT cases comes before them on the need for a disabled couple to sleep in separate bedrooms and noting in this case none of the claimed bedrooms were of a size to contain two single beds as well, they have more scope to go against the disability discrimination that is evident.
Similarly when appeals lost at FtT have sought permission to appeal Tribunals would be churlish in the extreme to refuse permission for such cases to go to Upper Tribunal.
However, the fact the UT sees legally arguable merit to allow permission here and must believe strongly that MA & Ors will be heard by the Supreme Court is very encouraging for all disabled appellants.
The UT Notice is below: