Please find all details of up and coming events, seminars, news, publications and articles from the members of 4-5 Gray's Inn Square.

Upper Tribunal grants permission to appeal on house-boat housing benefit case

On 9 April 2018 the Upper Tribunal granted permission to appeal a decision of the FTT concerning a boat-dweller’s entitlement to housing benefit.

The case concerns an itinerant boat-dweller who applied for housing benefit to cover certain costs (namely, a boat safety certificate, boat insurance and a boat licence), which are required under s.17 British Waterways Act 1995 to keep a boat on the canal. The Respondent, Camden LBC, concluded that these costs were not payable under reg. 12(1)(d) Housing Benefit Regulations 2006. The FTT upheld that decision relying on the case of R v Bristol CC ex p Jacobs (1999) 31 HLR 841.

The appeal is brought on two grounds:

(1) The FTT’s interpretation of reg. 12 was wrong. These costs are recoverable under reg.12(1)(d) and/or 12(1)(f). The analysis and decision of Commissioner Williams in CH/844/2002 is to be preferred to Jacobs; and

(2) Reg. 12 should be read down using interpretative powers under s.3 Human Rights Act 1998 to avoid a breach of the appellant’s Art. 8 rights.

Justin Bates and Brooke Lyne were instructed by the Bar Pro Bono Unit, and appeared on behalf the appellant.



Awards

  • Sports Law

    - Legal 500
  • Social Housing - Midlands Circuit

    - Legal 500
  • Social Housing - London (Bar) Top Tier Set

    - Legal 500
  • SHIPPING

    - Legal 500
  • Property Litigation

    - Legal 500
  • Professional Discipline & Regulatory Law

    - Legal 500
  • Planning - Leading Set

    - Legal 500
  • Mediators - Leading Set

    - Legal 500
  • Local Government - Leading Set

    - Legal 500
  • Inquests and Inquiries

    - Legal 500
  • Elections - Leading Set

    - Legal 500
  • Court of Protection

    - Legal 500
  • CMC Registered Mediators

    - Civil Mediation Council
  • Administrative and Public Law - Leading Set

    - Legal 500
  • Social Housing - Midlands (Bar)

    - Chambers and Partners
  • Social Housing - London (Bar) Top Tier Set

    - Chambers and Partners
  • Real Estate Litigation - London (Bar)

    - Chambers and Partners
  • Professional Discipline - London (Bar)

    - Chambers and Partners
  • Planning - London (Bar)

    - Chambers and Partners
  • Mediators - All Circuits

    - Chambers and Partners
  • Local Government - London (Bar)

    - Chambers and Partners
  • Election Law - London (Bar)

    - Chambers and Partners