JS v Wirral Metropolitan Borough Council (HB): [2021] UKUT 219 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 25 August 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 13 October 2021

• Categories: Capital, Housing and council tax benefits and Tribunal procedure and practice
• Sub-categories: Capital - Ownership/Possession, Housing and council tax benefits - other and Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 25 August 2021

Read the full decision in CH/550/2021.

Judicial Summary

Appellant with conviction for benefit fraud for failure to declare savings - Local authority decided he still possessed capital - Claimant said savings had been wasted on gambling debts - Three successive tribunals dismissed claimant’s appeals - Appellant made further housing benefit claim which council again refused - Fourth tribunal proceeded with paper hearing during lockdown, having drawn inference that claimant had deliberately made himself unavailable for questioning - Whether fair to proceed with paper hearing

Published 13 October 2021