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Lingerie firm Amoena wins mastectomy bra tax case | Lingerie firm Amoena wins mastectomy bra tax case |
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Lingerie company Amoena has won a legal battle over tax on special bras worn by women who have had a mastectomy. | Lingerie company Amoena has won a legal battle over tax on special bras worn by women who have had a mastectomy. |
The firm argued that such bras are not normal lingerie and should be exempt from European customs duty. | The firm argued that such bras are not normal lingerie and should be exempt from European customs duty. |
Ruling in Amoena's favour, the Supreme Court agreed the bra should be classed as an "orthopaedic appliance", artificial body part or other appliance to "compensate" for disability. | Ruling in Amoena's favour, the Supreme Court agreed the bra should be classed as an "orthopaedic appliance", artificial body part or other appliance to "compensate" for disability. |
The ruling means the 6.5% customs duty will not be payable on the Carmen bra. | The ruling means the 6.5% customs duty will not be payable on the Carmen bra. |
It overturns an earlier Court of Appeal decision in Amoena's legal fight against HM Revenue and Customs. | It overturns an earlier Court of Appeal decision in Amoena's legal fight against HM Revenue and Customs. |
The latest decision, by five Supreme Court justices, comes after legal arguments at a hearing in London last month. | The latest decision, by five Supreme Court justices, comes after legal arguments at a hearing in London last month. |
Their ruling states: "By holding the breast form in place, the bra enables it to perform its function. | Their ruling states: "By holding the breast form in place, the bra enables it to perform its function. |
"The bra thus 'performs a particular service relative to the main function' of the breast form." | "The bra thus 'performs a particular service relative to the main function' of the breast form." |
The Carmen bra is sold on Amoena's website for £40 to customers who have undergone breast surgery and are buying it for themselves. | |
It is described as having two mesh pockets and allows the woman to wear two prostheses, or single ones on either side. | |
A mastectomy - an operation to remove a breast - is used to treat breast cancer. | A mastectomy - an operation to remove a breast - is used to treat breast cancer. |
A number of high profile names have spoken out about their experiences of mastectomy, including Hollywood star Angelina Jolie Pitt as well as BBC presenters Sian Williams and Victoria Derbyshire. | |
What are mastectomy bras? | What are mastectomy bras? |
Mastectomy bras are designed for women who use an artificial breast following surgery. | Mastectomy bras are designed for women who use an artificial breast following surgery. |
Some women use prostheses on a temporary basis prior to reconstruction, while others choose or are unable to have reconstruction and wear an artificial breast on a long-term basis. | Some women use prostheses on a temporary basis prior to reconstruction, while others choose or are unable to have reconstruction and wear an artificial breast on a long-term basis. |
They are moulded to resemble the natural shape of a woman's breast, or part of a breast. | They are moulded to resemble the natural shape of a woman's breast, or part of a breast. |
A high-quality silicone prosthesis will move naturally when walking or lying down, and can give women balance, comfort and confidence. | |
They also compensate for the weight of a real breast, and so help to prevent medical problems such as bad posture or shoulder and neck pain. | |
Mastectomy bras cost between £10 and £50. | |
The charity Breast Cancer Care says it is best to wear a bra with features including soft seams and no underwires while recovering from breast surgery. | The charity Breast Cancer Care says it is best to wear a bra with features including soft seams and no underwires while recovering from breast surgery. |
Several specialist retailers offer mastectomy bras, which are exempt from VAT if they are bought by someone who has had breast surgery. | Several specialist retailers offer mastectomy bras, which are exempt from VAT if they are bought by someone who has had breast surgery. |
In some cases a special surgical bra may be recommended after an operation. This is different to a mastectomy bra. | In some cases a special surgical bra may be recommended after an operation. This is different to a mastectomy bra. |
Have you had a mastectomy and have you been affected by the issues mentioned in this story? You can share your experiences by emailing haveyoursay@bbc.co.uk. | Have you had a mastectomy and have you been affected by the issues mentioned in this story? You can share your experiences by emailing haveyoursay@bbc.co.uk. |
If you are available to talk to a BBC journalist, please include a telephone number. | If you are available to talk to a BBC journalist, please include a telephone number. |
You can also tweet us at @BBC_HaveYourSay or text +44 7624 800 100. | You can also tweet us at @BBC_HaveYourSay or text +44 7624 800 100. |
Or WhatsApp us on +44 7525 900971. | Or WhatsApp us on +44 7525 900971. |
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