SDP whilst Homeless

I am wondering if anyone can help.

My client is currently appealing against a decision to terminate his SDP as he was of no fixed abode. I was wondering does anyone know of any case law that I can use to support his claim? Or any Regs that I can use?

Thanks

unfortunately there was this house of lords judgment that related to the failure to award the disability premium to a homeless claimant and whether this discriminated against him in the enjoyment of his possessions under Article 1 and Article 14 of the European Convention on Human Rights ...

http://www.rightsnet.org.uk/news/story/Homeless-people-and-entitlement-to-the-disability-premium/

I thought as such! Was hoping for a miracle or something that I had missed!

Thanks!

Just wondering if the position will differ if he is of no fixed abode and stays a couple of nights everywhere?

Any help is appreciated!

The regulations state that the premiums cannot be paid to someone “without accommodation”.  The nature of accommodation is discussed in R(IS) 23/98.  Note the regulation does not say “without permanent accommodation” or “without continuing accommodation” or some such other phrase. 

However, in the above decision the AO (as was) cited from the AO’s guide that accommodation is “an effective shelter from the elements which is capable of being heated; and in which occupants can sit, lie, cook and eat; and which is reasonably suited for continuous occupation.”  The tribunal found that accommodation does not have to be permanent.

The commissioner although adopting the guidance in that particular case makes no specific ruling on “temporariness”, “continuousness” or “permanence” and the decision, in my view, is not authority for any proposition that the accommodation has to fall into some such category.

However, having said all that, using the modern purposive approach to stautory construction I would not be surprised to find upper tribunals and courts holding that it was the legislator’s intent to shut out mere transient arrangements such as sofa surfing.  But it’s got to be worth a try.  Nothing to lose.

Hmmmm - this rang a bell with me

See current CPAG HBK page 662 which states:

having no fixed address is NOT the same as having no accommodation

and goes on to suggest if you have accommodation but are staying in different places (splitting time with different friends/relatives) your MTB should be paid as normal ie not be reduced

footnote directs to DMG - sorry don’t have time to check further but hope this is useful