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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

R (on the application of C) v North Tyneside Council [2012] EWHC 2222 (Admin) (2012) PLLR 111

Community care - Employment Support Allowance - Irrationality

The Defendant had irrationally distinguished between community care service users who live with carers on housing benefits and those who do not receive such benefits. Accordingly, the decision was quashed.

1 August 2012

Administrative Court

Hickinbottom J

(1)        The Claimant challenged the Defendant's determination to charge her £19.51 per week for community care services. The Claimant was an adult who lived with her parents. The Claimant particularly complained that the Defendant did not make any allowance for housing related costs.

(2)        C was born in 1992 and has Downs Syndrome and a moderate learning difficulty. The Claimant's weekly income was £182.75, comprised of Disability Living Allowance and Employment Support Allowance (ESA). After expenditures, the weekly sum left was £22.76. A later expenditure added reduced the sum available to £19.51, and this was the contribution that the Defendant decided to levy. 

(3)        The Defendant also later disregarded the Claimant's parents' indications that they were going to charge the Claimant £20 for board and £40 for lodging each week, stating that no further reductions would be allowed.

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