Can anyone point me in the right direction to the decision that allows prisiners who have to give up there tennancies following sentance to claim HB for notice period?

Phil

Regulation 7(7) of the HB Regs 2006:

Where -
(a) a person has moved into a dwelling for which he is not liable to make payments ("the new dwelling"); and
(b) immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home ("the former dwelling"); and
(c) that liability continues after he has moved into the new dwelling,

he shall be treated as occuipying the former dwelling as his home for a period not exceeding four benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.

One potential flaw.....

Prison is not a dwelling.... Courtesy of someone else, this came up in the Uratemp case (para 35) - www.bailii.org/uk/cases/UKHL/2001/43.html

As the clmt has not moved to a "dwelling", I don't see how HBR 7(7) can apply.

Regards

Their Lorships emphasised that "dwelling" is not a term of art. Theay also took great pains to emaphasise that it must be looked at in terms of its statutory context.

Lord Millett was talking in the context of The Reform Bill of 1832 (extending the Parliamentary Franchise) at para 35 when he noted:

"There were limits, of course. Attempts to claim the franchise by persons who were in gaol failed on the ground that a prison cell was not a dwelling. This was not because it lacked cooking facilities, but because the residence was compulsory and temporary "and without any intention on the part of remaining, but, on the contrary, with an intention . . . of leaving it when she could":

On the other hand at para 30 he also cited WS Gilbert:

"while W. S. Gilbert condemned the billiard sharp "to dwell in a dungeon cell" (where it will be remembered he plays with a twisted cue on a cloth untrue with elliptical billiard balls): The Mikado Act II. "

Lord Millett also commended Ws Gilbert's legal qualifications

"As I shall show hereafter, Gilbert, who had qualified at the Bar, had got his law right. "

I suggest that for the purposes of the SSCBA, a prison can be a dwelling

Hi Stainsby. Guess we'll have to disagree.... .

Thanks guy's gues I,ll just have to run with Regulation 7(7)anyway.....

cheers Phil