Source: All England Reporter
Publisher Citation: [2011] All ER (D) 197 (Oct)
Neutral Citation: [2011] EWCA Civ 1186
Court: Court of Appeal, Civil Division
Judge:

Longmore, Rimer LJJ and Waren J

Representation Alex Durance (instructed by Glaisyers LLP) for the claimant.
  David Blundell (instructed by DWP Legal Services) for the defendant.
Judgment Dates: 21 October 2011

Catchwords

Social Security - Housing benefit - Income support - Entitlement - Claimant having disabled son - Claimant moving to new property more suitable for disabled son's needs - Claimant taking out loan to acquire property - Claimant claiming for housing costs - Claim being refused - Whether claimant being entitled to assistance with housing costs - Whether loan being taken out for purpose of acquiring alternative accommodation more suitable to disabled person's needs - Income Support (General) Regulations 1987, .

The Case

Social Security Housing benefit. The Court of Appeal, Civil Division, in dismissing the claimant's appeal against the refusal of her application for assistance with her housing costs, held that para 4(9) of Schedule 3 to the Income Support (General) Regulations 1987 required there to be a link between a move to alternative accommodation more suitable to the needs of a disabled person, and any loan taken out to acquire it.

Practice Areas

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