CH/0322/2010 – Sheltered/supported accommodation

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  • #38428
    David
    Participant

    As you perhaps know, this decision considered the definition of sheltered accommodation. You may be interested to know that Oxford City Council have now sought permission to appeal against this decision.

    #112817
    Anonymous
    Guest

    Does anyone know if Oxford City Council have been granted permission to appeal against this decision?

    #112826
    Kevin D
    Participant
    #112839
    Anonymous
    Guest

    Thank you for this. Do you happen to know the grounds on which they are appealing?

    #112847
    Kevin D
    Participant

    In simple terms, the dispute is about the meaning of the term “sheltered accommodation” for the purposes of [b]para 8 in Schedule 1[/b] of the HB regs. The Council’s position is that it has a relatively limited meaning; the position for the claimant is that the term should be given a broader meaning.

    CH/322/2010 can be found on the Tribunals Judiciary website:
    http://www.osscsc.gov.uk/Aspx/view.aspx?id=3234

    #116745
    David
    Participant

    The Court of Appeal decision is out now, although I don’t know whether it’s on lawsites etc yet. The decision in 322/2010 has been upheld; the claimant lived in sheltered accommodation

    #116748
    Anonymous
    Guest
    #116755
    Kevin D
    Participant

    Just a brief add on – the DWP is already looking at changing the legislation to negate the Basey judgment.

    #130104
    david farrar
    Participant

    Did the DWP ever amend the regulations?

    #130134
    David
    Participant

    No changes have been made

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