[2023] UKUT 193 (AAC)

I set that decision aside and re-make it as follows.

1.

The appeal is allowed

2.

The decision issued by Gravesham Borough Council ("Gravesham") on 23 January 2018 (and revised on 22 February 2018) is set aside.

3.

Regulation 64(3) of the Housing Benefit Regulations 2006 does not treat the claimant as possessing the student loan of £12,114 to which he would have been entitled for the 2017/2018 academic year if he had applied for it.

4.

Therefore that amount does not form part of his income by virtue of regulation 64(1) of those Regulations.

5.

Gravesham must recalculate the claimant’s entitlement to housing benefit on that basis for the period from and including Monday 4 September 2017 (or, if earlier, from the date on which a student loan was first taken into account under regulation 64(3)) and notify the claimant of his recalculated entitlement (if any).

6.

If the claimant considers that Gravesham has recalculated his entitlement incorrectly, he may ask the Upper Tribunal to check the calculations.

7.

To do that, the claimant should write to the office of the Administrative Appeals Chamber either:

(a)

by email to [email protected]; or

(b)

by post or by hand to The Upper Tribunal (Administrative Appeals Chamber), Fifth Floor, Rolls Building 7 Rolls Buildings, Fetter Lane, London EC4A 1NL,

so that his email or letter is received no later than two calendar months from the date on which the letter from Gravesham notifying him of the recalculated amount was sent to him. That email or letter must:

· enclose or attach a copy of the letter from Gravesham notifying him of the recalculated amount; and

· explain why he does not agree with Gravesham’s calculations.