Brown v South Yorkshire Police Authority [2001] EWCA Civ 1080 (5 July 2001)

Brown v South Yorkshire Police Authority [2001] EWCA Civ 1080 (5 July 2001)

Regulation 49B(4)(b) does not terminate entitlement to transitional rent allowance upon remarriage; the relevant period for TRA continues until the housing allowance equals or exceeds the TRA, and regulation 49B(5) only applies to reduce the level of TRA upon certain changes in personal circumstances, ceasing to apply upon remarriage.

Citation
[2001] EWCA Civ 1080
Parties
Claimant/respondent: Christopher Brown; Defendant/appellant: South Yorkshire Police Authority
Jurisdiction
England and Wales
Judgment Date
05 July 2001
Procedural Posture
Civil Appeal / Appeal From Manchester County Court Decision
Outcome
Appeal dismissed
Legal Topics
Police Regulations, Transitional Rent Allowance, Statutory Construction, Employment Benefits
Administrative Law Employment Law Statutory Interpretation Police Regulations Transitional Rent Allowance Statutory Construction Employment Benefits

Case Brief

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Parties

Christopher Brown

Claimant/respondent

South Yorkshire Police Authority

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Manchester County Court Decision

Legal Issues

  1. 1 Whether Mr Brown's entitlement to transitional rent allowance (TRA) under regulation 49B of the Police Regulations 1987 ceased upon his remarriage.

Ratio Decidendi

Regulation 49B(4)(b) does not terminate entitlement to transitional rent allowance upon remarriage; the relevant period for TRA continues until the housing allowance equals or exceeds the TRA, and regulation 49B(5) only applies to reduce the level of TRA upon certain changes in personal circumstances, ceasing to apply upon remarriage.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, to be the subject of a detailed assessment.