JMe Commissioner's File: CIS/14551/1996
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 SOCIAL SECURITY ADMINISTRATION ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
Name:
Social Security Appeal Tribunal:
Case No:
[ORAL HEARING]
"Following my recent call to your office concerning my enforced house move due to my financial situation exacerbated by my post-operative problems ... I have had to `trade down' on my property in Teston for one in a much cheaper area in Tovil Mill ..."
"I did, at your request, send in to Mrs [B] (Manager) a letter dated 4/11/94 explaining some of the severe financial problems I have which forced me to `trade down' on my previous property in Teston to a house costing less money in a much less desirable area to reduce considerably my commitment to BNP - all papers and solicitors of the transaction were enclosed with this letter. Originally you were only paying part of this loan as `house improvements' on my old former property ... the balance I was responsible for which, at that time, I considered fair on your part but still nevertheless crippling to me on my benefit monies. I then found this balance `top up' was putting too much strain on me which caused me a very close complete nervous breakdown last year exacerbated by a further operation on my hand at East Grinstead where it was discovered that my original operation at Maidstone Hospital has inexcusably removed 6 cm of nerve from my hand resulting is recurring painful tumours (heuromas) ... Due to the foregoing I realised I must move and `trade down' which was even more traumatic in my mental and physical condition and the poor state of the housing market to alleviate and reduce hopefully to nil my housing expenses by yourselves as I was formerly (and still am in certain areas) living a very frugal life style at my previous address living on next to nothing foodwise and turning off my central heating completely last winter ... to save money, this not being conducive to my mental and physical state which my GP was treating along with my hand problems."
"The Appellant contends in his letter of appeal that the provisions of paragraph 7B of Schedule 3 is applicable to him, i.e. a loan taken out to adapt a dwelling for the special needs of a disabled person. But in our view there was no adaptation of a dwelling taking place but simply a `trading down' of housing expenses to save money.
In the circumstances, the application of paragraph 5A of Schedule 3, which came into force on May 2, 1994, is relevant to this appeal. In effect, this meant that any increase to his housing costs on the new property is excluded and cannot be met. In essence, his housing costs are limited to £28.83 per week."
"(8) Subject to sub-paragraph (8A), the conditions specified in this sub-paragraph are that the loan was taken out, or an existing loan increased, either-
(a) to make adaptations to an existing property to meet the special needs of a disabled person; or
(b) to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimant;"
The adjudication officer submitted that the claimant was acquiring a more suitable accommodation to his special needs, as he thought that income support would cover his new housing costs in full, thereby alleviating his financial stress, which would have benefited his mental condition. Because I considered that there were difficulties in accepting that argument, I directed an oral hearing of the appeal.
Directions to the new appeal tribunal
(Signed) J Mesher Commissioner
Date: 16 April 1997