Source: All England Reporter
Publisher Citation: [2001] All ER (D) 140 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Judge, Mance LJJ and Sir Anthony Evans
Representation Richard Drabble QC and Ranjiv Khubber (instructed by Brighton Housing Trust (Housing Aid and Legal Centre)) for the applicant.
  James Maurici (instructed by the Solicitor to the Department of Health and Social Security) for the Secretary of State.
Judgment Dates: 13 February 2001

Catchwords

Social security - Income support - Entitlement - Claimant claiming income support for interest on loans secured against her home - Commissioner finding claimant not eligible for income support - Whether commissioner in error - Income Support (General) Regulations 1987, Sch 3, para 7(7).

The Case

A claim for income support would be justified by responsibility for the relevant expenditure which would exist where a claimant, because of a former partner's failure to meet relevant costs, had to meet those costs in order to continue to live in the dwelling occupied as the home. In the instant case, the requirements of para7(7) of the Income Support (General) Regulations 1987 had been met and the claimant would be entitled to income support in respect of interest costs arising from loans which were secured on the property she was occupying as her home.

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