Caselaw summaries

Tribunals – determination on the papers – context of COVID pandemic

Housing benefit (HB) – whether not entitled on basis that the liability to create rent was ‘created to take advantage of the housing benefit scheme’

Housing benefit – income – fostering allowances paid to foster carers for looked-after children (ie, under the Children Act 1989) approved by independent fostering agencies – not to be regarded as earnings

Housing benefit (HB) - overpayment – recovery from landlord – right of appeal and claimant as second respondent

Housing benefit (HB) - one-bedroom shared accommodation rate – whether unlawful as in breach of human rights

Housing benefit (HB) - overpayment – official error and whether claimant should have realised overpayment – unclear decision letter

Housing benefit (HB) - whether tenancy on a commercial basis – ‘trump card’ facts and ‘notional commercial landlord’ – whether commerciality of a tenancy can change

Bedroom tax – whether small spare room counted as a bedroom

Houseboat licence fee – can be eligible for housing benefit under regulation 12(1)(b) Housing Benefit Regulations 2006

Tribunals – not limited to judicial review considerations or evidence in existence at time of decision