Reply To: 69(8) General Regulations 1987

#162865
d-stainsby
Participant

See also R(on the application of Turner) v LONDON BOROUGH OF BARNET HOUSING BENEFIT REVIEW BOARD [2001] EWHC ADMIN 204, 

Also CH/1175/2002, CH/5299/2002

Turner considered the amended and remade version of Regulation 69(8) (Regulation 61(3) of the amended 1987 Regs) and whether DLA could be taken into account when determining whether or not (s)he was experiencing exceptional hardship

Mr Justice Richards  noted that there is a statutory provision to ring fence the mobility component and it could therefore not be taken into account, but there was no corresponding provision to ring fence the care component so the Council were entitled to take it into account when determining and award under Regulation 61(3)