Source: All England Reporter
Publisher Citation: [2002] All ER (D) 470 (Mar)
Neutral Citation: [2002] EWCA Civ 482
Court: Court of Appeal, Civil Division

Peter Gibson, Ward and Laws LJJ

Representation Nicholas Blake QC (instructed by Bhatt Murphy) for the claimant.
  James Eadie (instructed by the Department of Social Security) for the authority and the Secretary of State.
Judgment Dates: 21 March 2002


Social security - Housing benefit - Entitlement to benefit - Claimant having been sentenced to detention at Her Majesty's pleasure and released on licence - Claimant having been provided with housing benefit - Claimant having been recalled by Secretary of State - Claimant in custody awaiting consideration by Parole Board - Claimant's housing benefit being suspended - Whether claimant's position analogous to that of remand prisoner or convicted prisoner awaiting sentence - Whether claimant's housing benefit should have been suspended - Housing Benefit (General) Regulations 1987, reg 5(8).

The Case

The circumstances of a person detained at Her Majesty's pleasure were not analogous to those of a remand prisoner or a convicted prisoner awaiting sentence in respect of entitlement to housing benefit.

Practice Areas

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