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Mental capacity

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3135

Joined: 16 June 2010

Interesting decision.  Judge Mark has reviewed his own decision and reversed it.  His original decision basically stated that a person without capacity who because of lack of capacity (and where the Court of Protection were not involved) had not entered into a tenancy agreement could not get HB.  He has now decided that that was wrong and HB was payable.

http://www.bailii.org/uk/cases/UKUT/AAC/2012/12.rtf

Ros
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editor, rightsnet.org.uk

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Joined: 6 June 2010

see also this thread on same decision -

http://www.rightsnet.org.uk/forums/viewthread/2749/