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Neutral Citation Number:
Reported Number:	R(IS)2/09
File Number:	CIS 492 2008
Appellant:
Respondent:
Judge/Commissioner:	Judge C. Turnbull
Date Of Decision:	20/08/2008
Date Added:	23/09/2008
Main Category:	Income support and state pension credit
Main Subcategory:	housing costs
Secondary Category:
Secondary Subcategory:
Notes:	Housing costs – whether loan incurred during a period between periods of entitlement to income support – whether a period in respect of which claimant would be entitled to income support if housing costs were allowable must be treated as a period of entitlement The claimant took out a loan to purchase the 60 per cent beneficial interest in the house in which he lived which had been left to his brothers under his mother’s will. His entitlement to income support had ended on 16 Feb 2006 and the loan was advanced on 9 May 2006. He reclaimed income support on 11 May 2006 when he satisfied the conditions of entitlement except that, unless interest on the mortgage could be added to his “applicable amount”, his income was too high. The issue in the appeal was whether the claimant’s loan was prevented from qualifying for income support housing costs by paragraph 4 of Schedule 3 to the Income Support (General) Regulations 1987 on the ground that the loan was issued during a period “falling between two … periods of entitlement to income support separated by not more than 26 weeks”. The decision-maker decided that it was and the tribunal dismissed the claimant’s appeal. Held, dismissing the appeal, that: 1. for the purposes of any claim, a period covered by that claim during which the claimant would have been entitled to income support if the loan had qualified for housing costs must be treated as being a period of entitlement (paragraph 14); 2. in order to escape from the linking rule in paragraph 4, it is necessary and sufficient for the claimant to make a fresh claim at least 26 weeks after entitlement under the previous claim ended (paragraphs 15 and 18 to 19).
Decision(s) to Download:	R(IS) 2-09 bv.doc