MP v Sutton London Borough Council (HB): [2021] UKUT 193 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Rowland on 30 July 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 6 September 2021

• Categories: Housing and council tax benefits
• Sub-categories: Housing and council tax benefits - liability, commerciality and contrivance [regulations 8 and 9]
• Judges: Rowland, M
• Decision date: 30 July 2021

Read the full decision in CH/1720/2020.

Judicial Summary

Liability created to take advantage of the housing benefit scheme - tenant’s entitlement to housing benefit the same as it was before the liability was created - regulation 9(1)(l) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 - whether necessary that the creation of the liability be capable of leading to an advantage.

Published 6 September 2021