London Borough of Hammersmith & Fulham v FJ: [2023] UKUT 203 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Najib on 14 August 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 October 2023

• Categories: Claims and payments, Housing and council tax benefits
• Sub-categories: Claims and payments - other, Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9]
• Judges: Najib, S
• Decision date: 14 August 2023

Read the full decision in UA-2022-001625-HB.

Judicial Summary

Housing Benefit - Regulations 9(1)(g) and 9(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 - correct approach to whether a family member living with a Housing Benefit recipient is a ‘tenant’ in their own right - whether MP v Sutton London Borough Council (HB) [2021] UKUT 193 (AAC) changes the approach to and meaning of ‘taking advantage of the housing benefit scheme’ as explained in CH/39/2007 .

Published 9 October 2023