Source: All England Reporter
Publisher Citation: [2002] All ER (D) 241 (Mar)
Court: Administrative Court
Judge:

Richards J

Representation Edward Fitzpatrick (instructed by Hodge Jones & Allen) for the claimant.
  Jonathan Manning (instructed by Owen Wilcox) for the local authority.
Judgment Dates: 15 March 2002

Catchwords

Social security - Housing benefit - Entitlement - Housing benefit review board refusing application for benefit - Review board failing to consider whether to extend time limit to allow new evidence - Whether review board an independent and impartial tribunal - Whether review board failing to consider material fact - Housing Benefit (General) Regulations 1987, reg 73(1) - European Convention on Human Rights, art 6.

The Case

Where a housing benefit review board had failed to deal adequately with the issue of extending the time limit to admit further evidence from the claimants concerning their business incomes, that amounted to a failure to take into account a material consideration and its decision would, accordingly, be quashed.

Practice Areas

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