A colleague of mine started an appeal and has been refused leave to take it to commissioners. I don't think there is any mileage in applying further but wonder what others think.
Client took out a loan in 1987 to install central heating. He claimed IS in March 03. Until 1995 this loan could have been taken into account for IS. From 1995, the rules won't take into account laons for installing central heating.
my colleague argued to the tribunal that as the loan was taken out before 1995, the pre-1995 rules should apply.
The chair, whilst "appreciaitng the ingenuity of her arguements" says that if the calim is made post-1995 the post-1995 rules apply.
Should I set this one free to roam the sunlit uplands of the commissioners or should I humanely destroy it?
Carol

Humane killer, as far as I can see. Para 7 of Sch. 3 to the IS Gen Regs gives transitional protection to cases already being paid IS on 1/10/95 (with para 14 giving the linking rule for breaks in entitlement). So, for a case arising after that date, the reasoning would require the DM to apply the new rule (just as they do with existing cases) and then consider para 7 to see if they should make an add-on to protect the claimant's previous level of housing costs.

With old cases, there is a figure to compare with and protect if necessary; with new cases, there isn't, so the old rules don't get a look-in.

Jim