AB v London Borough of Camden (HB): [2020] UKUT 158 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Mitchell on 28 March 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 25 June 2020

• Categories: Housing and council tax benefits
• Sub-categories: Housing and council tax benefits - payments that are eligible for HB [regulation 12 and Schedule 1]
• Judges: Mitchell, J
• Decision date: 28 March 2020

Read the full decision in CH/3284/2017.

Judicial Summary

The payment of a houseboat licence fee was an eligible cost for housing benefit purposes since it fell within regulation 12(1)(b) of the Housing Benefit Regulations 2006. The decision agrees with the decision in Kirklees MBC v JM [2018] UKUT 219 (AAC) that such payments are not within regulation 12(1)(d) - they are not payments for ‘use and occupation’ - but disagrees with the Social Security Commissioner’s decision in CH 844 2002 that, in relation to housing benefit claims in respect of houseboats, regulation 12(1)(b) only catches rental payments made to the owner of a houseboat.

Published 25 June 2020