ZD v London Borough of Hillingdon (HB): [2021] UKUT 305 (AAC)

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

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 4 January 2022

• Categories: Housing and council tax benefits
• Sub-categories: Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9] and Housing and council tax benefits - payments that are eligible for HB [regulation 12 and Schedule 1]
• Judges: Wikeley, N
• Decision date: 25 November 2021

Read the full decision in CH/990/2020.

Judicial Summary

Claimant moved into boyfriend’s local authority flat and claimed housing benefit (HB) after he had stopped paying rent and had been sentenced to immediate term of imprisonment of more than 2 years - Whether claimant was “a person who has to make payments if [she] is to continue to live in the home” within meaning of reg 8(1)(c) of Housing Benefit Regulations 2006 - Whether she was “some other person whom it is reasonable to treat as liable to make the payments” within reg. 8(1)(c)(ii) - Whether entitled to HB by reason of reg. 8(1)(a) and reg. 12(1)(d) when boyfriend’s local authority landlord refused to recognise her as caretaker and/or set up a use and occupation account for the property.

Published 4 January 2022