The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The … Continue reading Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007
A disapplication of the restriction on claiming housing benefit must be for an event which takes place after the claim. Wife not entitled to more mortgage support benefit than had been paid as housing benefit. Citations: Independent 13-Jul-1995, Times 05-Jul-1995 Statutes: Income Support (General) Regulations 1987 10-1 Jurisdiction: England and Wales Benefits Updated: 21 January … Continue reading Kaur v Chief Adjudication Officer: CA 5 Jul 1995
A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice. Judges: Rich, Otton, Pill LJJ Citations: Times 03-Jun-1999, [1999] EWCA Civ 1491, (2000) … Continue reading Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening: CA 3 Jun 1999
In each case a lodger had formed a relationship with his landlady, and had had moved to take up occupation with her, but after the relationship came to an end reverted to his status as lodger, and moved back to his for accommodation within the house. The rules provide that Housing Benefit is not payable … Continue reading Regina (Painter) v Carmarthenshire County Council Housing Benefit Review Board; Regina (Murphy) v Westminster City Council and Others: QBD 16 May 2001
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. … Continue reading Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants: CA 27 Jun 1996
The claimant had sought housing benefits, but his claim was rejected by the respondents who said that he was not liable to make the payments. He argued that the decision was not made by an impartial tribunal since it was held by councillors from the authority which would benefit financially from the refusal of the … Continue reading Bewry, Regina (On the Application of) v Norwich City Council: Admn 31 Jul 2001
The claimant’s eligible housing costs for the purposes of the calculation of entitlement to Income Support include the interest on so much of the loans taken out by the claimant and her husband as was used within the period specified in paragraph 16(1) of schedule 3 to the Income Support (General) Regulations 1987 for the … Continue reading (Un-named): SSCS 8 Mar 2000
Mr Perkins was aged 87 years, and claimed housing benefit on the basis that his income was below the applicable level. His son sent him money regularly from Australia. He appealed refusal of benefit. Held: The claimant maintained two accounts. He was able to maintain himself from the sums other than that received from his … Continue reading Secretary of State for Work and Pensions v Perkins and Another: CA 17 Nov 2004
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004
A house was shared by five, one of whom was a student and therefore to be disregarded for Housing Benefit. Was the benefit for the others to be one fifth each, or one quarter? Held: The student’s presence was to be disregarded. His presence was discounted and excluded from the calculation as if he were … Continue reading Naghshbandi v Camden London Borough Council and Others: CA 19 Jul 2002
The appellant applied for housing benefit. He completed a form which asked if he owned other properties. He had been prosecuted for failing to disclose ownership of a property. He requested the court to consider whether he had a duty to disclose property which he held as bare trustee. Held: The regulations defined as the … Continue reading Charles Fairbank v Lambeth Magistrates’ Court: Admn 25 Apr 2002
The applicants had taken a house to rent and claimed benefits. The rent officer determined that the rent was not excessive, but ten days later the housing benefits officer for the same authority determined that it was. Held: Although the wording of the section when re-enacted changed, and the Board had to impose some deduction, … Continue reading Regina v Housing Benefit Review Board of The City of Westminster, Ex Parte Mehanne: HL 8 Mar 2001
Application for review of decision not to backdate application for housing benefit. Citations: [1997] EWHC Admin 44 Links: Bailii Statutes: Housing Benefit (General) Regulations 1987 79(2) Benefits Updated: 25 May 2022; Ref: scu.136989
The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK. Held: The letter asking a claimant to … Continue reading Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997
Genuine but voluntary poverty adopted as part of religious discipline and mode of life did not disentitle the claimant from applying for housing benefit. Citations: Times 23-Apr-1998, Gazette 13-May-1998 Statutes: Housing Benefit (General) Regulations 1987 (No 1971) 7(1) Jurisdiction: England and Wales Benefits Updated: 11 May 2022; Ref: scu.88126
Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, … Continue reading Jones v Waveney District Council: CA 17 Dec 1999
The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005
The payment of water rates was not part of the obligation of a local authority paying housing benefit paid by the tenant to the water supplier. Water rates were not paid by her ‘in respect of, or in consequence of, use and occupation of the dwelling’ At common law a person in occupation of land … Continue reading Regina v Bristol City Council, Ex Parte Jacobs: QBD 16 Nov 1999
Board may look at all terms of arrangement to see if ‘on commercial basis’. Citations: Times 28-Dec-1994 Statutes: Housing Benefit (General) Regulations 1987 (1987 No 1971) Jurisdiction: England and Wales Benefits Updated: 07 April 2022; Ref: scu.88011
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
The applicants were self-employed market traders. Their income was low, but they were unable to produce accounts by way of proof. The local authority declined their application for housing benefit in the absence of such proof. They complained that presence of local councillors on the committee which made the decision, made that not an independent … Continue reading Bono, Regina (on the Application of) v Harlow District Council: Admn 15 Mar 2002
Wrongful Refusal of Benefits The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had no means of contacting them. Held: Deciding a … Continue reading Kerr v Department for Social Development (Northern Ireland): HL 6 May 2004
The claimant appealed refusal of her claim for arrears of housing benefit. Held: The appeal was allowed. The claim had been defective in having been made informally, but ‘the distribution of benefits is different from many other areas of civil law. It is concerned not simply with recognising rights or enforcing liabilities but also with … Continue reading Novitskaya v London Borough of Brent and Another: CA 1 Dec 2009
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