Burton v New Forest District Council

Burton v New Forest District Council

At the date of his application for housing benefit, the appellant was the registered proprietor with title absolute and thus entitled to dispose of the fee simple under regulation 2(1), making him an 'owner' and disqualified from housing benefit under regulation 10(2)(c), regardless of any trust arrangements or beneficial interests.

Parties
Appellant: Stephen Burton; Respondent: New Forest District Council
Jurisdiction
England and Wales
Judgment Date
12 November 2004
Procedural Posture
Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Housing Benefit, Definition of Ownership, Trust Law, Land Registration
Social Security Law Property Law Housing Benefit Definition of Ownership Trust Law Land Registration

Case Brief

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Parties

Stephen Burton

Appellant

New Forest District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was an 'owner' under regulation 2(1) of the Housing Benefit (General) Regulations 1987 at the time of his application for housing benefit, thus disqualifying him under regulation 10(2)(c)

Ratio Decidendi

At the date of his application for housing benefit, the appellant was the registered proprietor with title absolute and thus entitled to dispose of the fee simple under regulation 2(1), making him an 'owner' and disqualified from housing benefit under regulation 10(2)(c), regardless of any trust arrangements or beneficial interests.

Court Disposition

Appeal dismissed