Source: All England Reporter
Publisher Citation: [2012] All ER (D) 94 (Feb)
Neutral Citation: [2012] EWCA Civ 115
Court: Court of Appeal, Civil Division
Judge: Mummery, Etherton and Sullivan LJJ
Representation Daniel Kolinsky (instructed by CPAG Solicitors) for the claimant.
  Arthur Moore and Dean Underwood (instructed by Oxford City Council) for the authority.
Judgment Dates: 15 February 2012

Catchwords

Social security - Housing benefit - Entitlement - Sheltered accommodation - Claimant being elderly and with learning difficulties living in shared housing association property - Claimant in receipt of housing benefit - Issue arising regarding fuel for and costs of cleaning common areas - Upper Tribunal (Administrative Appeals Chamber) finding claimant's accommodation being sheltered accommodation and claimant entitled to fuel and cleaning allowance - Defendant authority appealing - Whether claimant's living conditions constituting sheltered accommodation - , - Housing Benefit Regulations 2006, .

The Case

Social security Housing benefit. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that the accommodation in which he lived was sheltered accommodation for the purposes of the Housing Benefit Regulations 2006, SI2006-213, and that he was, therefore, entitled to have his share of the costs of fuel for, and cleaning of, the rooms of common use in his accommodation included in his eligible rent for the purpose of calculating his housing benefit.

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