We have a client who originally lived in his parents house with them.

There was an extension to the property which was formerly the parents shop, when they retired the shop was closed. There is no planning permission for it to be residential. Son moved into it and paid his parents rent. He has now been made redundant and is claiming JSA. HB was originally paid until Council decided that the property was extension of family home and therefore he lived with his parents and could not claim HB. Client has appealed against this and hearing is Friday

Does anyone know whether he is entitled to any HB?

on the `good` -

he has separate doorways, own bathroom etc.

on the `bad`

Council has assessed it as being same
There is no separate Council Tax liability
His parents are responsible for some of the utility bills - which makes it looks like an extension
Post Office do not have it registered as a separate address (We have done a post code search)

another bad - no planning for change of use, no building regs consent, etc.

In themselves, the following is not relevant:

- planning permission
- CTAX banding
- the presence of connecting doors.


What really counts is whether or not the part(s) occupied by the clmt consitutes a dwelling in its own right AS DEFINED WITHIN s.137 SSCBA 1992 (this means CTAX banding and planning permission is not determinative). The "connecting doors" argument *may* become relevant if the access to the "main" house has the effect of, to all practical purposes, making the extension merely part of another dwelling and not being a dwelling in its own right.

On the "planning" issue, see CH/0296/2004 & R(H) 9/08. For dwelling and CTAX banding, see CH/4702/2003. More CDs/UTDs on "dwelling" include CH/3656/2004; R(H) 5/06; CH/0402/2006; CH/0542/2006.

There are others, but.... where do you stop?

Forgot to add....

The utility bills issue and the non-listing by the PO are not factors that affect the FACT(s) as to whether the part(s) occupied by your client is physically a "dwelling" in its own right (in the context of s.137 SSCBA).