Reply To: Comms decision forgotten!


Hi Pete,

Are you thinking of Fairbank v Lambeth Magistrates Court?

[quote:3b20f95d68]The connection between the Regulations and the form is tenuous. The Regulations do not prescribe the contents of the form, only the body by which it must be approved, and that body can also accept a written application for benefits in any other form it regards as sufficient. It could, for example, accept a letter from a member of an ethnic minority written in his mother tongue.[/quote:3b20f95d68]

The case concerned whether the claimant knowingly made a false statement that he did not own a second property. His lawyer submitted that the LA should have defined the meaning of the word ‘own’ for the purpose of the HB regs in the application form – the judge rejected that submission with the above observation.