The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental.
Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial basis. To take that into account was not discrimination infringing their freedom of religion. The question posed was one of fact, and the Convention did not operate to make evidence inadmissible on such an issue.
Judges:
Lord Justice Aldous Lord Justice Peter Gibson Lord Justice Jacob
Citations:
[2004] EWCA Civ 409, Times 23-Apr-2004, [2004] 3 All ER 387
Links:
Statutes:
Housing Benefit (General) Regulations 1987 7
Jurisdiction:
England and Wales
Cited by:
Cited – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Lists of cited by and citing cases may be incomplete.
Benefits, Housing, Human Rights
Updated: 10 June 2022; Ref: scu.195490
