CH 4250

7 August 2012, 02:21 pm

PandaNBTA
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National Bargee Travellers Association, Reading

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Does anyone know if there has been a recent appeal decision that reverses the effect of CH4250 [2006]?

In CH 4250, a boat dweller was awarded Housing Benefit to cover mooring fees even though he did not have planning permission to live on the mooring. This included benefit for a period when his mooring agreement had been terminated but he was still occupying the mooring as a trespasser and BW charged him for that period.

Wiltshire Council appears to be systematically terminating the HB applications of boat dwellers who are renting moorings where there is no planning permission for residential use.

Thanks.

7 August 2012, 02:48 pm #1

Ros
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i don’t know of any further case law, also CH/4250/2006 has been reported as R(H) 9/08 which suggests it’s thought to be a definitive statement on the law -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=2392

7 August 2012, 03:09 pm #2

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Ch/0318/2005 is another helpful but unreported decision

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CH 0318 2005 narrow boat no fixed mooring.doc (File Size: 57KB - Downloads: 538)

7 August 2012, 04:24 pm #3

PandaNBTA
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National Bargee Travellers Association, Reading

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Thanks Ros and Stainsby. We are aware of CH 0318. Together with CH 4250 and CH 844 these form the case law that confirms boat dwellers’ entitlement to HB.

After contacting the local MP, the Council’s relevant HB supervisor and its Equality Officer, the claimant’s HB application has been re-instated. It seems the HB dept was unaware of CH4250.

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