The views and opinions expressed within these insights are those of the authors and do not necessarily reflect the official policy or position of Doughty Street Chambers.
The Court of Appeal has held that for the purposes of Regulation B13(5) Housing Benefit Regulations 2006, a bedroom is a room which is objectively capable of being used as a bedroom by any of the listed categories of person in the regulation.
The SoS for Work and Pensions appeal was allowed, the Upper Tribunal had erred in imposing a requirement that the room be capable of being used as a bedroom by the particular claimant.
the word "bedroom" should be interpreted as meaning a room capable of being used as a "bedroom" by any of the listed categories and not a room capable of being used as a "bedroom" by the particular claimant. In holding that the correct interpretation was a room capable of being used as a "bedroom" by the particular claimant, the UT erred in law and its decision was wrong.
Secretary of State for Work and Pensions v Hockley, 2019 EWCA Civ 1080
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