BPMcN -v- Department for Social Development (IS) [2014] NICom 5 (13 February 2014)

BPMcN -v- Department for Social Development (IS) [2014] NICom 5 (13 February 2014)

The tribunal erred in law by failing to consider the exception in paragraph 4(8) of Schedule 3, which allows housing costs up to the level of housing benefit paid in the week preceding acquisition of an interest in a dwelling. The applicant met the conditions for this exception, entitling him to housing costs at the rate of £5.01 per week from 2 July 2008.

Citation
[2014] NICom 5
Parties
Applicant: BPMcN; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
13 February 2014
Procedural Posture
Appeal From Tribunal Decision on Income Support / Decision on Leave to Appeal and Substantive Appeal
Outcome
Appeal allowed. Tribunal decision set aside. Applicant entitled to housing costs.
Legal Topics
Income Support, Housing Costs, Social Security Administration, Tribunal Appeals, Northern Ireland Regulations
Social Security Law Income Support Housing Costs Social Security Administration Tribunal Appeals Northern Ireland Regulations

Case Brief

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Parties

BPMcN

Applicant

Department for Social Development

Respondent

Procedural Posture

Appeal From Tribunal Decision on Income Support / Decision on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to housing costs as part of income support given the timing and purpose of the mortgage loan under Schedule 3 to the Income Support (General) Regulations (NI) 1987.
  2. 2 Whether any exceptions to the general rule prohibiting housing costs for loans taken out during the 'relevant period' apply, specifically paragraph 4(8).

Ratio Decidendi

The tribunal erred in law by failing to consider the exception in paragraph 4(8) of Schedule 3, which allows housing costs up to the level of housing benefit paid in the week preceding acquisition of an interest in a dwelling. The applicant met the conditions for this exception, entitling him to housing costs at the rate of £5.01 per week from 2 July 2008.

Court Disposition

Appeal allowed. Tribunal decision set aside. Applicant entitled to housing costs.

Orders

  • Leave to appeal granted.
  • Tribunal decision set aside.