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Bedroom tax circular HB U7/2013: Duncan Smith’s vindictive, money-wasting ploy

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Could the bedroom tax saga get more bizarre? Try this: The Government has issued a circular asking (or demanding, in somewhat hysterical terms) that local authorities “urgently” set aside any other priorities and send details of bedroom tax tribunal decisions to Iain Duncan Smith’s Department of Work and Pensions.

The strong implication is that Duncan Smith now has at his disposal a crack team of top government lawyers ready to swoop whenever judges come up with the wrong decisions on these cases – ie those allowing people to stay in their homes without benefit cuts for “spare bedrooms”.

The document, HB U7/2013, says:

“The Department for Work and Pensions (DWP) may opt to join an appeal or in some cases will take appeals forward where LAs [Local Authorities] have chosen not to do this … LAs are therefore asked to notify DWP of all FtT [First-tier Tribunal] decisions relating to this subject regardless of whether the decision is overturned or whether you intend to appeal adverse decisions.”

This highlights a rather tricky legal issue for Duncan Smith – that nobody has any interest in the success of his mad policy except him. As the circular (order? demand?) notes, if the First-tier Tribunal hearing a bedroom tax case finds for the tenant “generally local authorities initiate appeals to the Upper Tribunal in HB cases”.

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