A case where the housing law department at Osbornes Law where successful in overturning a housing benefits decision has been featured in the latest issue of Legal Action Update.
The case of R (Halvai) v Hammersmith and Fulham LBC involved a discretion housing payment.
Our client suffered from severe autism, meaning that she needed to live in a very quiet environment. Suitable housing could not be found via a council waiting list of the private sector. Our clients mother decided to re-mortgage her home and build an annex to accommodate her daughter. The council paid for some of the works undertaken.
Our client’s mother charged £450.00 rent per week, however housing benefit was awarded at the two bedroom rate of £302.33. The council refused our clients application for a discretionary housing payment which she challenged by judicial review.
The decision was quashed and it was found that the council had misapplied their own policy and failed to take into account their policy of supporting people with properties adapted for disabled usage.
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