South Lanarkshire Council v DG (HB): [2018] UKUT 417 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poole on 4 December 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 21 December 2018

• Categories: Housing and council tax benefits
• Sub-categories: Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9]
• Judges: Poole, AI
• Decision date: 4 December 2018

Read the full decision in CSH/89/2018.

Judicial Summary

Regulation 9(1)(d) of the Housing Benefit Regulations 2006 prevents a claimant being entitled to housing benefit when they are responsible for their landlord’s child. The words “the person” where they appear in Regulation 9(1)(d) should be read as including “a person”, so that Regulation 9(1)(d) covers situations in which there are joint landlords, only one of whom is the parent of the tenant’s child, and is not limited to sole landlord situations. The effect of Regulation 9(1)(d) is that, if a person knows they need housing benefit in order to pay the rent, then their tenancy needs to be with persons who are not the parent of a child or children for whom they are responsible.

Published 21 December 2018