London Borough of Hammersmith & Fulham v FJ
[2023] UKUT 203 (AAC)
SH v London Borough of Southwark
7 August 2023
[2023] UKUT 198 (AAC)
Upper Tribunal
Someone was denied housing benefits because the council said their home's repairs were mostly done, and the remaining fixes could be done while they were living there. Even though they have health problems, the judge agreed that the remaining repairs wouldn't require them to move out. So, the decision to deny benefits was upheld.
Key Facts
- •Claimant appealed a First-tier Tribunal (F-tT) decision denying housing benefit (HB) from March 24, 2019.
- •The denial was based on the cessation of Regulation 7(4) of the Housing Benefit Regulations 2006, which applied when the claimant was in temporary accommodation due to essential repairs at her main dwelling (Property 1).
- •The claimant had been in temporary accommodation (Property 2) since October 2012 due to repairs at Property 1.
- •A dispute arose regarding the adequacy of repairs to Property 1, including a damaged fence.
- •The F-tT found that essential repairs were completed by February 6, 2015, and that remaining issues were minor and didn't require the claimant to remain in temporary accommodation.
- •The claimant's mental health issues (agoraphobia, anxiety, and depression) were considered by the F-tT but were not deemed sufficient to prevent her return to Property 1.
Legal Principles
Entitlement to housing benefit requires liability for dwelling payments, an appropriate maximum benefit, and income below the applicable amount.
Social Security Contributions and Benefits Act 1992, Section 130
Defines circumstances under which a person is considered to occupy a dwelling as their home, including situations involving temporary accommodation due to essential repairs.
Housing Benefit Regulations 2006, Regulation 7
"Essential" repairs are those of substantial need, judged by a modest general standard of living; a claimant's health problems are relevant when determining what is essential.
CH/393/2020 (Commissioner Williams)
Outcomes
Appeal dismissed.
The F-tT correctly applied Regulation 7(4). Essential repairs were deemed complete, and remaining issues were minor, not requiring continued temporary accommodation. The claimant's mental health concerns, while considered, did not necessitate a different outcome regarding the ability to carry out the remaining repairs with her in residence.