- Cited — Daniel Richard Jwanczuk v Secretary of State for Work and Pensions 2023-10-11
“…Ms Callaghan also referred us to R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58, [2016] 1 WLR 4550. In that case it was said to be a breach of article 14 not to exclude from the effect of the so-called “bedroom tax” provisions cases where adult partners coul…”
- Cited — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“… without reasonable foundation”) and referred to the decision of the Supreme Court in R (Carmichael) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550: see para. 59 of her judgment. That case is reported as R (MA) v Secretary of State for Work and Pensions and is sometimes referred to as the “bedroom tax” cas…”
- Cited — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…“… there was—and there still remains—clear authority both in the Humphreys case [2012] 1 WLR 1545 and in the bedroom tax case [2016] 1 WLR 4550 for the proposition that, in any rate in relation to the Government’s need to justify what would otherwise be a discriminatory effect of a rule governing entit…”
- Cited — The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants 2020-04-21
“…Relying particularly upon the judgment of Lord Toulson JSC in R (MA) v Secretary ofState for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550 at [32]-[38], Sir James submitted that a measure such as this, aimed at preventing illegal immigration, concerns “economic and social matters which are pre-emi…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“…LR 1545; R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449; R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550; and DA itself.…”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“…However, Lord Wilson went on to note the court’s decision in R (MA) v Secretary of State for Work and Pensions [2016] 1 WLR 4550, the “bedroom tax case”, and said (at paragraph 63):…”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“…Almost two years later the court delivered its judgments in the bedroom tax case [2016] 1 WLR 4550, cited in para 30 above. Two of the three conjoined appeals concerned claims that the effect of rules for the computation of housing benefit was to discriminat…”
- Distinguished — Langford v The Secretary of State for Defence 2019-07-17
“…uld not be applied to the final stage of the proportionality analysis. Although he does not in terms explain how he feels able to disregard the authority of MA [2016] 1 WLR 4550, he emphasises that the technique applied to that question by the national court is to be distinguished from that applied in Strasbourg at the supra-national l…”
- Distinguished — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…efit has a “direct and real” effect on family life. On this basis he distinguished R (MA/Carmichael) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550, where the Supreme Court held that a reduction in housing benefit made on the footing that a couple was occupying accommodation with more bedrooms than they we…”
- Applied — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…plied in many subsequent domestic cases. It was specifically affirmed by the Supreme Court in R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550, paras 36-38. In the present case it is common ground between the parties that it is the correct test to apply.…”
- Cited — Powell v Dacorum Borough Council 2019-01-24
“…ark London Borough Council [2016] AC 811, 841, paragraph 73, per Lord Neuberger of Abbotsbury and in R (MA & others) v Secretary of State for Work and Pensions [2016] 1 WLR 4550, 4562, paragraph 24, per Lord Toulson.…”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…State for Business, Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820, paras 27, 75-77; R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550, paras 36-38.…”
- Applied — JT v First-Tier Tribunal 2018-07-24
“…ent in applying the “manifestly without reasonable foundation” test. They relied above all on R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550, where a Supreme Court of seven justices unanimously rejected an argument that the courts below had been wrong to apply the “manifestly without reasonable foun…”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…ere the claimant or the claimant’s partner cannot share a bedroom because of a disability. In R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550 the Supreme Court held that in these circumstances to treat Mrs Carmichael as not requiring a separate bedroom when calculating the number of bedrooms to which…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…e Supreme Court in R (on the application of Carmichael and Rourke) (formerly known as MA and others) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550 at [2], it was “a politically controversial matter, described as either a ‘bedroom tax’ or ‘removal of the spare room subsidy’ according to political viewpoint…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…on 9 November 2016(R (on the application of Carmichael and Rourke) (formerly known as MA and others) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550). The Supreme Court dismissed the appeals of the other claimants in the MA case on the basis that it was reasonable for the Secretary of State to regard a disc…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…The starting point for any analysis is that in R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550 the Supreme Court has already held that, in this very case, there has been a violation of Mrs Carmichael’s right under article 14 of the European Convention on…”
- Applied — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ted by Mr Wise that since then the court has in the claims relating to the bedroom tax accepted that Article 8 can apply. The case is R (MA and others) v. SSWP [2016] 1 WLR 4550. The ‘bedroom tax’ was a cap on housing benefit in under-occupation of properties. Incidentally, that case confirms the correctness of the MWRF test. One of th…”