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Neutral Citation Number:
Reported Number:	R(H)4/07
File Number:	CSH 149 2006
Appellant:
Respondent:
Judge/Commissioner:	Judge D. J. May Q.C.
Date Of Decision:	11/10/2006
Date Added:	31/10/2006
Main Category:	Housing and council tax benefits
Main Subcategory:	other
Secondary Category:
Secondary Subcategory:
Notes:	Housing benefit – delay moving into dwelling where delay was necessary in order to adapt dwelling to meet disablement needs – meaning of “adapt” The claimant, who suffered from anxiety and depression, had been living in a property as part of a planned resettlement plan after being homeless. A new property had been found for him by the Salvation Army. However, the property had recently been vacated and required carpeting, wallpapering and redecoration. He applied for housing benefit with effect from the commencement of the tenancy but delayed moving into the property for several weeks to allow the necessary work to be carried out. In the meantime, the claimant continued to occupy his existing property and to receive housing benefit in respect of that property. The local authority determined that the claimant was not entitled to housing benefit for the new property prior to the date on which he moved in. The claimant appealed to an appeal tribunal which upheld his appeal. The local authority appealed to the Commissioner. Held, allowing the appeal, that: 1. regulations 5(5)(e) and 5(6)(c)(i) of the Housing Benefit (General) Regulations 1987 permitted a tenant to be treated as occupying two dwellings if, inter alia, the delay in moving into the new dwelling was reasonable and necessary in order to adapt that dwelling to meet the disablement needs of that person (paragraph 5); 2. the issue in this case was whether carpeting, wallpapering and painting constituted “adaptation” of the property for the purposes of regulation 5(6)(c)(i). Following CH/1363/2006, “adapting” a building should be interpreted as meaning altering the fabric or structure of the building in order to meet a disablement need (including such matters as the provision of fixed handrails, raised lavatories or widened doors). Redecoration and carpeting did not constitute “adaptations” for the purpose of regulation 5(6)(c)(i) (paragraphs 6 to 11). The Commissioner substituted his own decision that the claimant was not entitled to housing benefit until the date when he moved into the new property.
Decision(s) to Download:	R(H)_4-07_bvam.doc