Caselaw summaries

Benefit cap – not unlawful

Absence from UK – ‘period not exceeding four weeks’ – calculation of period of absence

Person subject to immigration control – Nigerian national with Irish child – reported statement of claimant’s mother and sisters undertaking to provide financial support – no evidence of a ‘maintenance undertaking’ for purpose of section 115(9) and (1) of the Immigration and Asylum Act 1999

Housing benefit (HB) - right to reside – genuine and effective work – ‘minimum earnings threshold’ is guidance not law and must be applied accurately

Housing benefit (HB) - overpayment – need for documentation sufficient to determine claimant’s liability to repay

‘bedroom tax’ – application to ‘gypsy traveller’ living in three-bedroom chalet on site converted by council from caravan and mobile home site

Housing benefit (HB) – direct payment to landlord – eight weeks or more rent arrears includes rent due in advance – overriding interest of claimant

Person subject to immigration control – following appeal against a refusal to vary leave previously granted

Local housing allowance – one-bedroom self-contained accommodation rate

Liability for rent – claimant renting from ex-partner and responsible for a child of the ex-partner