The Public and Third Sector Law Reports
[2019] PTSR 1493
Upper Tribunal
FT
v
Perth and Kinross Council and another
[2019] UKUT 43 (AAC)
2019 Jan 30
Judge Poole QC
Social security— Housing benefit— Assessment— Claimant gipsy traveller occupying three-bedroom chalet pitched on caravan site— Claimant paying global rent for chalet and pitch— Local authority deciding claimant’s maximum eligible rent for housing benefit purposes to be reduced on ground of under-occupation by two bedrooms— First-tier Tribunal finding under-occupation by one bedroom— Whether maximum eligible rent provisions applying to part of rent referable to pitch on which chalet standing— Whether application of provisions infringing claimant’s Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14
—
Housing Benefit Regulations 2006 (SI 2006/213) (as amended by Housing Benefit (Amendment) Regulations 2012 (SI 2012/3040)), reg 5(7) and Housing Benefit (Amendment) Regulations 2013 (SI 2013/665), reg 2(3)), regs A13(2)(c), B13
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