Reply To: Sean Moses CIC (Exempt Accom)


If my memory serves me correctly a judge said that if it was ‘provided’ it was ‘needed’. You can’t argue that it wasn’t needed if you agree that it was provided.

Not sure if you meant R(H) 4/09? So “needed” and “provided”, in that context, is qualified.

“The making available of certain types of support – e.g. a telephone help line – is capable of amounting to the provision of support to a claimant during a particular period, even if that claimant has no need of it during that period. However, in determining whether a service or facility amounts to the provision of support, regard must be had to the degree of likelihood that the particular claimant will ever need to take advantage of it.”