Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Fife man at centre of ‘bedroom tax’ turmoil

David Nelson.
David Nelson.

The UK Government’s controversial “bedroom tax” policy could be thrown into chaos later this month.

The Department for Work and Pensions is launching a bid to overturn a landmark ruling that size does matter when it comes to defining a bedroom.

If it fails, it will set a precedent that could spell the beginning of the end for the so-called bedroom tax.

At the heart of the matter is Fife man David Nelson, who won a groundbreaking test case in Kirkcaldy a year ago when top QC Simon Collins ruled that size and usage should be taken into account when deciding what constitutes a bedroom.

The DWP will appeal that decision at a hearing in Edinburgh on September 18.

It will be the first appeal by the Government on the grounds of room size and this time the decision carries more weight.

Mr Nelson is hoping to make history for a second time by persuading the judge to dismiss the DWP’s appeal and uphold the original decision.

Campaigners against the “bedroom tax” are expected to attend the hearing from across Scotland and local authorities and housing associations will await the result with interest.

The appeal follows MPs voting to exempt disabled people from the policy entirely and ruling social housing tenants should be given a reprieve until they receive a reasonable offer of alternative accommodation.

About 75,000 Scottish households are affected by the policy that resulted in people with one spare bedroom having their housing benefit cut by 14% and those with two of more spare rooms facing a 25% reduction in benefit.

Mr Collins ruled last year that a room measuring less than 50 square feet is not a bedroom and a room measuring between 50 and 70 square feet could only be used by a child aged under 10.

The DWP maintains that if a room can accommodate a bed then it is a bedroom.

Mr Nelson’s solicitor, Graeme Sutherland from Fife Law Centre, said the decision of the second tier tribunal would be significant.

“This is the first upper tier tribunal on these grounds in the UK and it has huge implications for the whole country,” he said.

“The DWP are appealing against the first tier tribunal and have decided to take it higher for judicial authority on the matter.

“There are many cases across the UK which have followed the Fife decision on room size.

“All of these cases would fall either to be underscored or appealed on the grounds of David’s appeal on the 18th.

“To be honest, if they say there is no minimum size I think it would throw many local authorities into even worse chaos than they’re in at the moment.”

The DWP would have the right to appeal to a higher court should the decision go against them but Mr Sutherland said that would not be easy.

“You are speaking about fairly significant expense to take it further,” he said.

“If the appeal is unsuccessful on the issue of room size I would hope the DWP would leave it at that.

“I think the original decision was sensible and Mr Collins justified his position well so I wouldn’t think it could be considered an error of judgment.”

Mr Nelson, who has vowed to take his case to the European Court of Human Rights if necessary, said he was looking forward to the next stage of his fight.

“I’m quite happy to go to appeal,” he said.

“This could set a precedent for the whole of the UK.”

The DWP declined to comment until the outcome of the case.