My client was a school caretaker or as they are now known a Premises Officer.

He was employed by the same local authority at a school for more than 10 years. He lived on site and at the present time continues to do so.

In April 2002 he went on long term sick (he never returned to his employment).

It appears that he received payment from his employer at full pay for 6 months and then half pay for a further a 6 months (as well as IB for the latter period). He received no payment from his employer from April 03. In November 03 his contract of employment was terminated (with a payment of 12 weeks in lieu of notice).

Several claims for housing benefit have been made none of which appear to have been succesful. As a result my client is seeking advice as to whether he has any entitlement.

It is clear from HB (GEN) Regs 1987, Paragraph 7(1)(i) that 'a person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where - his occupation, or his partner's occupation, of the dwelling is a condition of his employment'.

Putting aside all specifics as to entitlement (such as income and non-dependents) at what point does the aforementioned regulation cease to apply?

Is it only when the contract of employment has been terminated?

Could he argue that as he was off sick from April 02 that he was no longer fulfilling the 'condition' of his employment even though he received payment from his employer?

What about from April 03 where he was receiving no payment from his employer and was in receipt of IB & IS.

Any assistance would be greatly appreciated.

My own view is that he becomes eligible from the time his employment is terminated. his occupation of the dwelling is then no longer a condition of his employment.

He may not have fullfilled other conditions of his employment at other times, but those are other conditions, and the Reg is concerned only with the specific condition of occupation of the dwelling.

Have a look at the analysis to Reg 7 in Findlay. Finday also refers to Circular A12/01, and whle circulars do not have legal force, they can often be useful