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The DWP has issued guidance and said it intends to appeal against 2 judgements by First Tier Benefit Tribunals that found that the bedroom tax did not apply ’…. 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. ‘ In the meantime the guidance advises Local Authorities’ when applying the size criteria and determining whether or not a property is under-occupied, the only consideration should be the composition of the household and the number of bedrooms as designated by the landlord, ...not by measuring rooms.’ In a separate set of challenges leave has been given to appeal to the Court of Appeal against the decision of the High Court that the bedroom tax was not discriminatory. Lawyers are ‘..arguing that the discriminatory impact of the measure on people with disabilities cannot be justified and is unlawful.’ The Labour Party have stated that, if elected, they would repeal the bedroom tax.

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