A house was shared by five, one of whom was a student and therefore to be disregarded for Housing Benefit. Was the benefit for the others to be one fifth each, or one quarter?
Held: The student’s presence was to be disregarded. His presence was discounted and excluded from the calculation as if he were not liable to pay rent. The Housing benefit was to be calculated for each of the others at one fifth of the total, not one quarter.
Judges:
Lord Justice Schiemann, Lord Justice Laws and Mr Justice Jackson
Citations:
Times 06-Aug-2002, Gazette 26-Sep-2002, [2002] EWCA Civ 1038
Links:
Statutes:
Housing Benefit (General) Regulations 1987 (SI 1987 No 1971) 48A, Social Security (Students Loans and Miscellaneous Amendments) Regulations 1990 (SI 1990 No 1549)
Jurisdiction:
England and Wales
Benefits
Updated: 06 June 2022; Ref: scu.174348