![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Supreme Court |
||
You are here: BAILII >> Databases >> United Kingdom Supreme Court >> Samuels v Birmingham City Council [2019] UKSC 28 (12 June 2019) URL: http://www.bailii.org/uk/cases/UKSC/2019/28.html Cite as: [2019] WLR(D) 355, [2019] PTSR 1229, [2019] 4 All ER 773, [2019] UKSC 28, [2019] HLR 32 |
[New search]
[Context]
[View without highlighting]
[Printable PDF version]
[View ICLR summary: [2019] WLR(D) 355]
[Buy ICLR report: [2019] PTSR 1229]
[Help]
[2019] UKSC 28
On appeal from: [2015] EWCA Civ 1051
JUDGMENT
|
before
Lady Hale, President Lord Carnwath Lady Black Lord Lloyd-Jones Lord Kitchin
|
JUDGMENT GIVEN ON |
|
|
12 June 2019 |
|
|
Heard on 31 January 2019 |
Appellant |
|
Respondent |
James Stark |
|
Jonathan Manning |
Tom Royston |
|
Brooke Lyne |
(Instructed by Community Law Partnership) |
|
(Instructed by |
|
|
Interveners (Shelter and The Child Poverty Action Group) |
|
|
Martin Westgate QC |
|
|
Shu Shin Luh |
|
|
Connor Johnston |
|
|
(Instructed by Freshfields Bruckhaus Deringer LLP) |
LORD CARNWATH: (with whom Lady Hale, Lady Black, Lord Lloyd-Jones and Lord Kitchin agree)
Introduction
1.
The appellant, Ms Samuels,
was an assured shorthold tenant of 18 Dagger
Lane, West Bromwich,
Birmingham,
where she lived with four children. In July
2011, having fallen into rent arrears, she was given notice to leave. She later
applied to the respondent council as homeless under Part
VII
of the Housing Act
1996. But it was decided that she was intentionally homeless, on the ground
that the accommodation at Dagger Lane was affordable and reasonable for her to
continue to occupy, and that its loss was the result of her deliberate act in
failing to pay the rent. That decision was ultimately confirmed on review by
the council in a letter dated 11 December 2013.
2.
The central issue in this appeal is whether the council adopted the
correct approach in determining that the accommodation was “affordable” for
those purposes. Ms Samuels’s
appeal to the County Court against the council’s
decision was dismissed by H H Judge Worster on 10 June 2014, and her further appeal
was dismissed by the Court of Appeal (Richards, Floyd, and Sales LJJ) [2016] PTSR 558 on 27 October 2015. She appeals to this court with permission granted
by the court on 19 February 2018. (The notice of appeal recorded that the
very
substantial delay in bringing the case to this court was caused by funding
problems, related to the refusal of legal aid, and the need to proceed by way
of conditional fee agreement. Legal Aid was reinstated after permission to
appeal had been granted by this court. We were told that in the meantime she
and her family have been living in temporary accommodation provided by the
council.)
The statutory framework
3.
The relevant statutory provisions are in Part VII
of the 1996 Act. The
authority becomes under a full duty to secure accommodation to a person found
homeless, if they find certain conditions satisfied, one of which is that they
are not satisfied that she “became homeless intentionally” (section 193(1)).
That in turn depends on whether she deliberately did or failed to do anything
in consequence of which she ceased to occupy accommodation which was available
for her occupation and “which it would have been reasonable for [her] to
continue to occupy” (section 191(1)). The initial decision is made under
section 184 of the 1996 Act; section 202 confers a right to request a review by
the authority itself; section 204 confers a right of appeal to the County Court
on a point of law.
“2. Matters to be taken into account
In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation … there shall be taken into account whether or not the accommodation is affordable for that person and, in particular, the following matters -
(a) the financial resources available to that person, including, but not limited to, -
(i) salary, fees and other remuneration;
(ii) social security benefits;
…
(b) the costs in respect of the accommodation, including, but not limited to, -
(i) payments of, or by way of, rent;
…
(d) that person’s other reasonable living expenses.”
5.
Section 182(1) requires the authority to have regard to guidance given
by the Secretary of State. The relevant guidance at the time was the
Homelessness Code of Guidance for Local Authorities (“the Code”). It was issued
in 2006, replacing earlier versions
dated 1999 and 2002. Paragraph 17.39 of the
Code set out article 2 of the 1996 Order, with additional italicised comments.
It stated inter alia that account must be taken of:
“(a) the financial resources available to him or her (ie all forms of income), including, but not limited to:
(i) salary, fees and other remuneration (from such sources as investments, grants, pensions, tax credits etc);
(ii) social security benefits (such as housing benefit, income support, income-based Jobseekers Allowances or Council Tax benefit etc) …”
On the expenses side, the reference to rent was expanded: “payments of, or by way of, rent (including rent default/property damage deposits)”. There were no italicised additions to the reference to “that person’s other reasonable living expenses”.
“In considering an applicant’s
residual income after meeting the costs of the accommodation, the Secretary of
State recommends that housing authorities regard accommodation as not
being affordable if the applicant would be left with a residual income which
would be less than the level of income support or income-based jobseekers
allowance that is applicable in respect of the applicant, or would be
applicable if he or she was entitled to claim such benefit. This amount will
vary
from case to case, according to the circumstances and composition of the
applicant’s household. A current tariff of applicable amounts in respect of
such benefits should be available within the authority’s housing benefit
section. Housing authorities will need to consider whether the applicant can
afford the housing costs without being deprived of basic essentials such as
food, clothing, heating, transport and other essentials …” (Emphasis added)
7.
As will be seen, an important issue in the appeal is whether the
reference to use of income support as a guide is to be treated as extending
also to benefits in respect of children, in particular child tax credit. It is
helpful in this context to refer to Humphreys v
Revenue and Customs Comrs
[2012] UKSC 18; [2012] 1 WLR 1545, where Lady Hale explained the change. Having
noted that income support was “a means-tested benefit … at the officially
prescribed subsistence level”, she described the introduction of child tax credit
(CTC):
“Child tax credit and working tax credit were introduced by the Tax Credits Act 2002. Child tax credit replaced the separate systems for taking account of children’s needs in the tax and benefits systems. Previously, people in work (or otherwise liable to pay income tax) might claim the children’s tax credit to set off against their income. This was administered by the tax authorities. People out of work (or otherwise claiming means-tested benefits) might claim additions to their income support or income-based jobseeker’s allowance to meet their children’s needs. This was administered by the benefits authorities. Under the new system, a single tax credit is payable in respect of each child, irrespective of whether the claimant is in or out of work, and is administered by Her Majesty’s Revenue and Customs. Child tax credit is like income support and jobseeker’s allowance, in that it is a benefit rather than a disregard and it is means-tested, so that the higher one’s income the less the benefit, until eventually it tapers out altogether.” (paras 3-4)
Ms Samuels’
income and expenditure
8.
For the purpose of comparing her income and expenditure at the relevant
time, the evidence provided to the authority, and recorded by the county court
judge (paras 15ff), presented a somewhat confusing picture, not assisted by the
varying
estimates presented by or on behalf of Ms
Samuels.
On the income side,
at the time that she left 18 Dagger Lane Ms
Samuels
was dependent entirely on
social security benefits, amounting in total to a monthly income of £1,897.84,
made up of:
i) housing benefit (£548.51)
ii) income support (£290.33);
iii) child tax credit (£819.00);
iv) child benefit (£240.00).
Excluding housing benefit, therefore, the total available for other living expenses was £1,349.33.
9.
On the expenses side, her rent was £700 per month, leaving a shortfall
compared to her housing benefit taken alone of £151.49. Her estimates of her
non-housing expenses had varied
in the course of her exchanges with the
council. Her initial estimate had been only £380 per month (including £150
“food/household items”). By the time of the review decision, a revised schedule
had been submitted by her solicitors on 1 November 2013, giving a total
estimate of £1,234.99, consisting of:
i) £750 food/household items;
ii) £80 electricity;
iii) £100 gas;
iv) £50 clothes;
v)
style='font:7.0pt "Times New Roman"'>
£43.33 TV licence;
vi)
style='font:7.0pt "Times New Roman"'>
£43.33 school meals;
vii)
style='font:7.0pt "Times New Roman"'>
£108.33 travel;
viii)
style='font:7.0pt "Times New Roman"'>
£20 telephone;
ix) £40 daughter’s gymnastics.
No supporting information was provided. The accompanying letter said:
“It is impossible for our client, who as you are aware has learning difficulties to remember precise details, we are confident that these figures are reasonably accurate.”
It will be seen that, on an overall view
(including housing
benefit and rent), her monthly income amounted to £1,897.84 entirely from
benefits, and her expenses amounted to £1,934.99, giving a shortfall of about
£37 per month.
“I note that in para 11 of the judgment of the Court of Appeal the appellant gives her income at the relevant time as ‘child tax credits of £189 a week (ie £819 a month), income support of £67 a week (ie £290.33 a month) and child benefit of £240 a month’. The correct amount of child tax credits would in fact be £206.15 a week. Assuming the figures given by the appellant are correct, it is likely that the tax credit award was in fact being paid at a lower rate to recover a previous overpayment. The other figures given for income support are out by £0.50 per week (so monthly should be £292.50) and for child benefit the figure given is a four weekly figure rather than the calendar month figure of £262.16.”
The council’s decision
13.
The council’s final position on affordability in the present case
appears from their review decision-letter dated 11 December 2013. The letter,
written by the case-officer, was long and detailed, and dealt with other issues
which are no longer in dispute. It began by referring in general terms to
various
sources considered, including the Code of Guidance (see para 6 above),
but there was no specific reference to the paragraphs dealing with
affordability.
“… It is now asserted that contrary to the provided figure of £150 for housekeeping, the actual figure was £750 per month, or £173 per week. This figure seems to me to be excessive for a family of your size, given that this is purported to only account for food and household items, with utilities and travel expenses accounted for elsewhere. I accept that a figure of £150 per month for food and household bills for a family of your size is equally likely to be inaccurate, but I consider that it is a matter of normal household budgeting that you would manage your household finances in such a way to ensure that you were able to meet your rental obligation. I cannot accept that there was not sufficient flexibility in your overall household income of in excess of £311 per week to meet a weekly shortfall in rent of £34.”
[The figures of household income (£311) and shortfall in rent (£34) given in the letter appear to be the (rounded) weekly equivalents of the monthly figures given earlier in the letter (£1,349.33 and £151.49 respectively).]
The officer noted that, in spite of some learning difficulties, she had confirmed her ability to pay her bills on time and manage her finances. It was concluded accordingly that the accommodation at 18 Dagger Lane was affordable for her.
The appeal
15.
In the County Court counsel for Ms Samuels
raised a number of grounds of
appeal, including the alleged failure of the reviewing officer to have regard
to paragraph 17.40 of the Code of Guidance. The Judge rejected this submission
(para 54). He referred to Balog
v
Birmingham
City Council [2013] EWCA Civ 1582; [2014] HLR 14, in which a similar submission had been rejected by the
Court of Appeal. He accepted counsel’s submission for the authority that the
Code was a “recommendation”; the Code had been referred to in the letter, and
it was reasonable to assume that the decision was made having considered its
provisions. He added that if paragraph 17.40 was not fully considered, it was
“an error which does not invalidate the decision”. The reasons did not need to
set out every aspect of the decision-making process.
16.
The appeal was dismissed by the Court of Appeal. Giving the sole
judgment, Richards LJ noted the submission by Mr Stark for Ms Samuels
that when
an applicant is reliant entirely on benefits, regard should be had to the fact
that such benefits are set at “subsistence level and are not designed to give a
level of income that allows flexibility to spend outside maintaining a
very
basic standard of living”, and that “income support, child tax credits and
child benefit are not intended to cover housing costs; it is the purpose of
housing benefit to cover those costs …” (para 24).
17. He did not accept that there was such a necessary starting point:
“The 1996 Order and the guidance … make clear that … account should be taken … of all forms of income (including social security benefits of all kinds) and of relevant expenses (including rent and other reasonable living expenses). This suggests that a judgment has to be made on the basis of income and relevant expenses as a whole. It does not suggest that benefits income is to have any special status or treatment in that exercise, let alone that one should adopt the starting point formulated by Mr Stark.” (para 25)
18.
With regard to the alleged failure to have regard to paragraph 17.40, he
noted (para 34) the comment of Kitchin LJ in Balog v
Birmingham
City Council
[2014] HLR 14, para 49 that review officers “are not obliged to identify each
and every paragraph of the guidance which bears upon the decision they have to make”.
Referring to the comparison with income support he said:
“It is true that the review decision did not address that point in terms. It did, however, take into account the payment of income support, and on the face of it the appellant’s residual income after the cost of her accommodation (ie after deduction of the shortfall in her rent) was well in excess of the level of her income support. At the hearing of the appeal Mr Stark did not suggest otherwise … He did submit that the child tax credits should also be taken into account in this part of the exercise, but that is not what paragraph 17.40 says …” (para 36)
The submissions in this court
“1.16. ... In all cases front-line staff said that the key reason why people were presenting as homeless was the end of tenancies in the private rented sector. They said that this was due to increases in rents in the private sector, and a decline in people’s ability to pay these rents. This decline in ability to pay was said to be partly due to welfare reforms.”
21.
Against this background, although he makes a number of related points,
Mr Stark’s underlying submission is that it was wrong in principle for the
council to treat Ms Samuels’
non-housing benefit as containing a surplus which
could be treated as available to make up shortfalls in housing benefits. More
specifically he submits (in the words of his written case):
“The respondent failed to correctly apply the 1996 Order. Rather than add all income and subtract all reasonable expenditure, it treated the appellant’s housing benefit as hypothecated for rent, then asked whether the gap between housing benefit and rent could be bridged from other income …”
22.
Linked to this was a submission (supported by the interveners) that the
council had failed to pay regard to paragraph 17.40, as correctly interpreted.
It was submitted that the reference to a residual income “less than the level
of income support …” must be taken as not limited to “income support” in the
strict sense, but as including amounts available in respect of the children, by
way of child benefit or child tax credit. This, he says, is necessary to give
effect to the obvious policy of the guidance, which is apparent also from the
reference to the amount varying
“according to the … composition of the
applicant’s household”. It would make no sense to recommend the use of her
income support on its own, as a recommended guide to the reasonable family
expenditure which must take account of the needs of the children.
23.
This interpretation is also necessary, it is said, to avoid arbitrary
differences between different claimants. In this respect paragraph 17.40 must
be understood against the background of changes in the treatment of benefits
for claimants with children such as Ms Samuels.
These changes occurred since
the Code was first issued in 1999, and re-issued in 2002, with paragraph 17.40
in substantially the same form. (The only change from 2002 was the omission of
the word “significantly” before the words “less than the level of income
support”).
“Prior to April 2004, income support recipients with children would have received family premiums and dependent child additions as part of their claim (‘old style support’). After April 2004, new income support recipients with children would no longer receive these additional payments in respect of children as part of their income support award but would instead have received Child Tax Credit instead (‘new-style support’). It was stated Government policy that there should be an equivalence between old-style income support rates for children and child tax credit rates. The shift was not intended to disadvantage families who receive new-style support, ie income support for the parent and child tax credit for each of the children.”
26.
More generally, Mr Stark submits that the benefits are intended as no
more than “the officially prescribed subsistence level” (see Humphreys v
Revenue and Customs Comrs [2012] UKSC 18;
[2012] 1 WLR 1545, para 3 per Lady Hale). They are designed to cover necessary
living expenses of the family. They cannot properly be treated as notionally
available to make up a shortfall between housing benefit and rent. Thus in Mathieson
v
Secretary of State for Work and Pensions [2015] UKSC 47; [2015] 1 WLR 3250, para 15 (which concerned the cost occasioned by the prolonged stay in
hospital of a disabled child, in a case where the family were receiving income
support with child benefits and child tax credit), Lord Wilson observed that
income support “brought the family’s economy up to, but not beyond, subsistence
level”; and that the Secretary of State had conceded that there would have been
“no surplus available to meet such extra expenditure as the family might incur
as a result of [their child being admitted to hospital]”.
27.
He relies also on what was said by Henderson J in Burnip v
Birmingham
City Council [2012] EWCA Civ 629; [2013] PTSR 117, para 45:
“… it is necessary to draw a clear distinction between the benefits which Mr Burnip was entitled to claim for his subsistence, and those which he was entitled to claim in respect of his housing needs. ... It would therefore be wrong in principle, in my judgment, to regard Mr Burnip’s subsistence benefits as being notionally available to him to go towards meeting the shortfall between his housing-related benefits and the rent he had to pay.”
Although these statements were made specifically with
reference to income support, it cannot have been intended that benefits related
to children would be treated less favourably. Further, to do so would be
inconsistent with the authority’s duty to have regard to “the need to safeguard
and promote the welfare of children” (Children Act 2004 section 11(2); and see Nzolameso
v
Westminster City Council (Secretary of State for Communities and Local Government
intervening) [2015] UKSC 22; [2015] PTSR 549, paras 22-30).
“The personal amount is the basic building block of Universal Credit as it is in existing benefits. The purpose of the personal amount is to provide for basic living costs. It will broadly reflect the current structure of personal allowances in Income Support, Jobseeker’s Allowance and the assessment phase of Employment and Support Allowance, with single people and couples getting different rates.” (para 19)
“The Government is committed to providing the financial support less-well-off families need to cover children’s living costs. We will therefore include fixed amounts within Universal Credit to provide for these costs. The amounts will be based on those currently provided through Child Tax Credit. They will be additional to Child Benefit.” (para 38, emphasis added)
Thus says Mr Westgate the personal allowance provides for no more than “basic living costs” while the amounts for children provide the support which the families “need to cover (their) living costs”. Although those passages are related directly to Universal Credit, the passages make clear that the policy approach as respects the purpose, and the level of, benefits has not changed from the previous system.
29.
Finally, Mr Westgate relies on the evidence of Polly Neate, Chief
Executive of Shelter, as to the lack of any generally accepted guidance for
authorities to assess the reasonableness of living expenses under the
Suitability Order. Shelter’s research shows a wide variety
of practice among
housing authorities, and the absence of any “transparent or evidence-based
guidance” for that purpose. According to her evidence, 60% of authorities told
Shelter that they have no internal guidance to assist them; only 17 of the 246
authorities who responded to Shelter’s Freedom of Information Act requests
provided any training to housing decision-makers on affordability assessment;
and 43 of the 105 authorities who had some form of guidance or policy relied on
one of three published guides on expenditure: (i) the Standard Financial
Statement (SFS); (ii) the Common Financial Statement (CFS); or (iii) the
Association of Housing Advice Services (AHAS) guideline figures. According to
Ms Neate, none of these is designed for assessing affordability under the
Housing Act, and they are subject to other concerns described in her evidence.
31.
The arguments based on the history of paragraph 17.40 of the Code, he
submits, are not supported by the wording of the paragraph. The specific
reference to tax credits in paragraph 17.39 shows that the author had the
changes well in mind. The authority’s duty to have regard to the Code does not
require, or entitle, it to search for interpretations which are not clear on a
natural reading of the wording, nor to assume a meaning of “income support”
based on a previous version
of benefits law. Statements in the authorities to
the effect that income support was set at “subsistence level” were made in
different statutory contexts. In any event, child tax credit and child benefit
are not “subsistence benefits” in that sense (see Humphreys supra para
22; R (PO)
v
Newham London Borough Council [2014] EWHC 2561 (Admin),
paras 45-46).
Discussion
32.
It is unfortunate that the submissions for the appellant, and in
particular the arguments based on the interpretation of paragraph 17.40, seem
to have been fully developed for the first time in this court. We do not
therefore have the full benefit of the experience in this field of the Court of
Appeal. Although Mr Westgate’s submissions and the supporting evidence for the interveners
have provided some valuable
background to the legal issues, we must bear in
mind that this is an appeal relating to a particular decision, made more than
five years ago, on the information then available to the council, not a general
review of the law and policy in this field.
33.
There is an attraction in the argument that references to “income
support” in paragraph 17.40 should be understood in the sense in which that
expression was apparently used at the time of the earlier versions
of the Code.
It seems surprising, even nonsensical, that the level of income support should
be maintained as a guide to affordability, but without regard to the changes
which excluded from income support any allowance for the children of the
family.
34.
However, those issues are not in my view
critical to the resolution of
this appeal. I would start from the terms of the 1996 Order itself. On the one
side it requires the authority to take into account all sources of income,
including all social security benefits. I agree with Mr Manning that there is
nothing in the Order which requires or justifies the exclusion of non-housing
benefits of any kind. On the other side it requires a comparison with the
applicant’s “reasonable living expenses”. Assessment of what is reasonable
requires an objective assessment; it cannot depend simply on the subjective
view
of the case officer. Furthermore, as Mr Stark submits, affordability has
to be judged on the basis that the accommodation is to be available
“indefinitely” (see R (Aweys)
v
Birmingham
City Council [2009] WLR 1506; [2009] UKHL 36).
35.
Guidance is provided by paragraph 17.40, where the Secretary of State
“recommends” authorities to regard accommodation as unaffordable if the
applicant’s residual income would be less than the level of income support
(para 6 above). Even if that recommendation in respect of income support is not
interpreted as extending to benefits for children, the lack of a specific
reference does not make the level of those benefits irrelevant. As the
authorities referred to by Mr Stark (para 26 above) show, benefit levels are
not generally designed to provide a surplus above subsistence needs for the
family. If comparison with the relevant benefit levels is material to the
assessment of the applicant, it is difficult to see why it should be any less
material in assessing what is reasonable by way of living expenses in relation
to other members of the household. Relevant also is the duty under the Children
Act to promote and safeguard the welfare of children. The guidance makes clear,
as one would expect, that amounts will vary
“according to the circumstances and
composition of the applicant’s household”. Further, it is to be noted that,
immediately after the reference to the household, there is a reference to “a
current tariff … in respect of such benefits” (plural), which suggests
that the tariff may be looked at in respect of benefits other than income
support, and is at least a good starting point for assessing reasonable living
expenses.
36.
That was not how the review officer dealt with Ms Samuels’
case. He
asked whether there was sufficient “flexibility” to enable her to cope with the
shortfall of £151.49 between her rent and her housing benefit. However, the
question was not whether, faced with that shortfall, she could somehow manage
her finances to bridge the gap; but what were her reasonable living expenses
(other than rent), that being determined having regard to both her needs and
those of the children, including the promotion of their welfare. The amount
shown in the schedule provided by her solicitors (£1,234.99) was well within
the amount regarded as appropriate by way of welfare benefits (£1,349.33). In
the absence of any other source of objective guidance on this issue, it is
difficult to see by what standard that level of expenses could be regarded as
other than reasonable.
37.
For these reasons in my view
the appeal should be allowed and the review
decision must be quashed. Mr Stark has not in his submissions invited us to
give any further relief at this stage. I would however add that, in the light
of the law as I have endeavoured to explain it, and on the information
available to us, I find it hard to see on what basis the finding of intentional
homelessness could be properly upheld. I therefore express the hope that, five
years on, the process can be short-circuited, and the council will on
reconsideration be able to accept full responsibility under Part
VII
for Ms
Samuels
and her family.
Postscript - more recent developments
39.
Another significant change in 2017 was the Homelessness Reduction Act
2017, which among other things was designed to involve authorities at an
earlier stage in preventing homelessness. In connection with the new
legislation the government undertook a review of the Homelessness Code of
Guidance, for which purpose it consulted on a revised draft published in October
2017. Under “affordability”, paragraph 17.40 was replaced by the following much
shorter version:
“17.45 Housing authorities will need to consider whether the applicant can afford the housing costs without being deprived of basic essentials such as food, clothing, heating, transport and other essentials specific to their circumstances.”
There was no reference to the use of welfare benefits as a guide.
“17.46 Housing authorities will need to consider whether the applicant can afford the housing costs without being deprived of basic essentials such as food, clothing, heating, transport and other essentials specific to their circumstances. Housing costs should not be regarded as affordable if the applicant would be left with a residual income that is insufficient to meet these essential needs. Housing authorities may be guided by Universal Credit standard allowances when assessing the income that an applicant will require to meet essential needs aside from housing costs, but should ensure that the wishes, needs and circumstances of the applicant and their household are taken into account. ...” (Emphasis added)
It will be noted that this is no longer a recommendation but merely something which “may” be used as guidance; and that the suggested comparison is with Universal Credit “standard allowances”. The court did not hear argument on whether this is limited to a “standard allowance” payable to adults or whether it includes amounts payable in respect of children.
41.
It is not clear from the consultation response whether the new form of
wording followed any discussion of the issues raised in this appeal or
highlighted in the intervener’s evidence. That evidence shows what appears to
be an unfortunate lack of consistency among housing authorities in the
treatment of “affordability”, and a shortage of reliable objective guidance on
reasonable levels of living expenditure. It is to be hoped that, in the light
of this judgment, the problem will be drawn to the attention of the relevant
government department, so that steps can be taken to address it and to give clearer
guidance to authorities undertaking this very difficult task.