Pensioner Student

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • #39140
    Linda Ritchie
    Participant

    Does a pensioner student still qualify for HB when absent 3 weeks out of 4 from her private tenancy to attend a university in England?

    #111067
    d-stainsby
    Participant

    The principles were set out in R v Penwith DCHBRB ex p Burt (1990) 22 HLR 92 QBD by Mr Justice Simon-Brown as then was. Simon-Brown J noted the facts of the case in question:

    “… since her husband’s death in February 1988, the applicant has spent the larger part of her time with her son and his family in their Berkshire home. In the 52 weeks immediately following the beginning of her first visit to her son as a widow she has spent in total 36 weeks in Berkshire, 16 weeks in St. Ives. Those 16 weeks, as I understand it, have been essentially during school holidays, the relevance of that being that her son has then been able to accompany her to Cornwall and look after her there. The applicant intends, so she deposes and so it is not, I believe, disputed, to return permanently to Cornwall as soon as her state of health permits. By that, as I understood it, she means that she will return to no. 5 to live alone”

    Simon-Brown J ruled in favour of Mrs Burt, and I suggest that the claimant in the present case would be equally successsful because her university accommodation is probably temporary and will no longer be available to her once her course ends (otherwise why would she bother to maintain her non university accommodation?). If her intention is to resume full time occupation of her non university accommodation once her course ends than that accommodation must in my opinion be dertmined to be her normal home for the purposes of Regultion 7(1)

    #111068
    Linda Ritchie
    Participant

    Thanks for your reply – I agree now that I have had some time to research.

    #111083
    Andy Thurman
    Keymaster

    Only caveat here – you need to make sure there is no claim for the other accommodation.

    #111087
    d-stainsby
    Participant

    Andy I understand that your God is female, but I hear that some students have been seen wearing tee shirts with a slogan saying “Richard Dawkins is God”

    That could seriously undermine Professor Dawkins’s self esteem and there is a possibility that he could stop believing in himself

    #111088
    Andy Thurman
    Keymaster

    Thanks for the tip-off Derek!

    If I’m at odds with current student theological thinking, it must be time I re-evaluated! Think I’ll change my profile now so this tangent looks particularly obscure!

Viewing 6 posts - 1 through 6 (of 6 total)
  • You must be logged in to reply to this topic.