Court of Appeal rules in favour of disabled people needing adaptations in housing benefit case

06.02.14 | |

The Court of Appeal has overturned the established view of the Upper Tribunal that had the effect of limiting access to housing benefit for disabled people waiting to take up occupation of  properties that need to be  “adapted”. Since 2006, the Upper Tribunal has adopted an approach that any adaptations must amount to alteration in the structure or fabric of the building.  But the Court of Appeal has ruled this interpretation is too restrictive, and a wider approach must be taken, based on the actual adaptations required  by a person to meet their disablement needs, whether they are structural or not.

 

The claimant, who required his new home to be hygienic and decorated before he moved in, so that he could receive kidney dialysis at home, was represented by Stephen Cragg QC and Gemma Hobcraft, instructed by Battersea Law Centre.  Link to judgment and summary to follow when available.

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