CH 282 2006
| Jurisdiction | UK Non-devolved |
| Judge | Judge E. Jacobs |
| Judgment Date | 27 July 2006 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Docket Number | CH 282 2006 |
| Subject Matter | Housing and council tax benefits |
DECISIONS OF THE SOCIAL SECURITY COMMISSIONER
- My decisions are given under paragraph 8(4) and (5)(c) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000
I SET ASIDE the decisions of the Chester appeal tribunal, held on 20 October 2005 under references U/06/065/2005/00819 and 00853, because they are erroneous in point of law
I REMIT the cases to a differently constituted appeal tribunal and DIRECT that tribunal to conduct a complete rehearing of the issues that are raised by the appeals and, subject to the tribunal’s discretion under paragraph 6(9)(a) of Schedule 7 to the 2000 Act, any other issues that merit consideration.
What I have to decide
- This case concerns the amount of the claimant’s capital from time to time following her receipt of the proceeds of sale of a property she owned in Crewe. The appeal tribunal allowed the claimant’s appeal and the local authority has appealed, with my leave, on one issue.
- That issue concerns regulation 9(3)(c) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. The default position is that a claimant is allowed one month in which to notify a change of circumstances. Regulation 9 governs the effective date where there has been late notification of a change. It only applies if a number of specified conditions are satisfied. One is paragraph (3)(c):
‘special circumstances are relevant and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change.’
- The tribunal found that those conditions were satisfied. I have to decide if the tribunal went wrong in law in doing so.
Analysis
- Regulation 9(3)(c) contains three conditions. First, there must be special circumstances. Second, it must not be practicable to notify the change within one month. Third, the impracticability must be a result of the special circumstances. These are issues of...
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