LM -v- Department for Social Development (HB)

1.���� Having considered the circumstances of the case and any reasons put forward in the request for a hearing, I am satisfied that the application can properly be determined without a hearing. I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.

2.���� The decision of the appeal tribunal dated 30 October 2009 is not in error of law. �Accordingly, the appeal to the Social Security Commissioner does not succeed. �The decision of the appeal tribunal to the effect that the appellant is not entitled to housing benefit (HB), from and including 22 January 2007, is confirmed.

3.���� The appellant claimed and was awarded HB from and including 22 January 2007. �In her claim form the appellant indicated that she worked as a trainee solicitor and bar person and was a full-time student. �On 24 October 2007, the Northern Ireland Housing Executive contacted the appellant about her claim. �On 12 November 2007 the appellant replied to advise that she was undertaking a post-graduate course at Queen�s University Belfast.

4.���� On 22 November 2007, a letter was received from Queen�s University confirming that the appellant was a full-time student enrolled at the Institute of Professional Legal Studies. �The correspondence from the university also sets out details of periods during which the appellant would be working in a solicitor�s office. �On 31 December 2007, the appellant supplied an extract of a letter explaining the requirements of the solicitor acting as her master for her course of study.

6.���� On 17 April 2008, and following a request for a statement of reasons for the relevant decision, a letter of appeal was received from the appellant.