[2019] UKSC 52 UKSC 2018/0224 RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent) On appeal from the Court of Appeal Civil Division (England and Wales) The appellant, RR, lives with his severely disabled partner in social sector rented accommodation with two bedrooms. On 5 March 2013 Sefton Borough Council decided that RR and his partner were under-occupying the accommodation and reduced his entitlement to housing benefit by 14% pursuant to Regulation 13B of the Housing Benefit Regulations 2006. RR appealed. The First-tier Tribunal held that RR required a second bedroom because of his partner’s disabilities and her need to accommodate medical equipment and supplies. The Upper Tribunal allowed the respondent’s appeal. The question arises as to what powers the tribunals have to interpret or disapply secondary legislation following the decision of the Court of Appeal in Carmichael v Secretary of State for Work and Pensions [2018] 1 WLR 3429. The issue(s) are: Whether statutory authorities, including the First-tier Tribunal and Upper Tribunal, have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights; If so, the extent to which the payment of discretionary housing payments are relevant to the task of the statutory authorities in calculating entitlement. The Supreme Court unanimously allows the appeal against the local authority’s decision. It orders that RR’s housing benefit is to be recalculated without making the under-occupancy deduction of 14%, in order to avoid a breach of RR’s rights under the Convention, contrary to s 6(1) HRA. Please be aware of the following reporting restrictions on this case: THE COURT ORDERED that no one shall publish or reveal the name or address of the Appellant who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the Appellant or of any member of his family in connection with these proceedings.