Babergh District Council v GW (HB): [2017] UKUT 40 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 13 January 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 13 February 2017

• Categories: Earnings and other income, Housing and council tax benefits, Tribunal procedure and practice
• Sub-categories: Earnings and other income - notional income, Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9], Tribunal procedure and practice - other
• Judges: Poynter, R
• Decision date: 13 January 2017

Read the full decision in CH/2053/2016.

Judicial Summary

Effect of alleged mistake as to nature of tenancy agreement. Guidance on regulation 8(1)(c)(ii)

Payments of rent and utility bills by third parties can amount to notional income

Decision that claimant is entitled to benefit requires FtT to be satisfied that all conditions of entitlement are met.

Published 13 February 2017