Has The Lyon Been Tamed?

Regarding the Jacqui Smith 'Cash for a roof over her head' allowances scandal, one has to ask if someone has been 'got at'.

According to the Mail website parliamentary sleeze watchdog, John Lyon, is quoted last year ruling: "If a Member has his or her family living permanently in their constituency home and has modest accommodation in London big enough only for themselves, and which they use only when Parliament is in session, then it would clearly seem to be a matter of fact that Member's main home is in the constituency."

I must be missing something here, so can someone please explain the difference between that ruling and the Jacqui Smith situation?