CM v (1) Bradford Metropolitan District Council (2) Secretary of State for Work and Pensions: [2020] UKUT 285 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Najib on 7 October 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 14 December 2020

• Categories: Housing and council tax benefits and Human rights law
• Sub-categories: Housing and council tax benefits - other and Human rights law - article 14 (non-discrimination)
• Judges: Najib, S
• Decision date: 7 October 2020

Read the full decision in CH/4167/2013.

Judicial Summary

Housing Benefit - whether limiting housing benefit to the one-bedroom shared accommodation rate in accordance with reg 13D(2) of the Housing Benefit Regulation 2006 amounted to unlawful disability discrimination contrary to Article 14 European Convention on Human Rights – application of the ‘manifestly without reasonable foundation’ test – whether proportionality assessment still required.

Published 14 December 2020