General counselling services which supported a dependent tenant was only eligible for re-imbursement under housing benefit if it related specifically to the fabric of the building in which the tenant lives. Citations: Times 09-Sep-1998, [1998] EWCA Civ 1214 Statutes: Housing Benefit (General Regulations) 1987 (1987 No 1971) Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys: CA 15 Jul 1998
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 issue in this case is whether the value of the claimant’s interest in the home that she previously shared with her partner may be disregarded under paragraph 4(b) of Schedule 5 to the Housing Benefit (General) Regulations 1987. Citations: [2005] UKSSCSC CH – 117 – 2005 Links: Bailii Benefits Updated: 30 June 2022; Ref: … Continue reading (Un-named) (Housing Benefit): SSCS 20 Apr 2005
Citations: [2002] UKSSCSC CH – 396 – 2002 Links: Bailii Statutes: Housing Benefit (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 11 June 2022; Ref: scu.197553
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
General counselling services to support tenant is only eligible for re-imbursement under housing benefit if it is in place to preserve fabric of the building in which the tenant lives. Citations: Times 22-Aug-1997, [1997] EWHC Admin 711 Links: Bailii Statutes: Housing Benefit (General Regulations) 1987 (1987 No 1971) Citing: Appealed to – Regina v Housing … Continue reading Regina v St Edmundsbury Housing Benefit Review Board ex parte Sandys: Admn 24 Jul 1997
An application for a loan or grant toward the costs of repair could constitute steps being taken to make premises habitable. The applicant owned a substantial property which had fallen into disrepair. He claimed housing benefit for the property where he actually lived. The refusal of housing benefit because of the capital value of the … Continue reading Regina v Tower Hamlets London Borough Council; Housing Benefit Review Board, Ex Parte Kapur: QBD 28 Jun 2000
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
Elders of a Christian Community were required to contribute to the costs of the accommodation in a home shared by all occupants, even though they occupied only part of the home, and claimed housing benefit. It was held that they were entitled to claim, even though they had no direct liability for the rent. The … Continue reading Milton Keynes Housing Benefit Review Board v Saxby: CA 3 Apr 2001
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
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
Complaint as to method of detrmination of rent for house. Citations: [2009] EWHC 3539 (Admin) Links: Bailii Statutes: Housing Act 1996, Housing Benefit General Regulations 1987, Rent Officers (Housing Benefit Functions) Order 1997 Jurisdiction: England and Wales Housing Updated: 13 August 2022; Ref: scu.396515
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
The council had determined the applicant’s housing benefit. He requested a review. An oral hearing was arranged, at which he sought to raise a new point. He was not allowed to do so. Held: The review procedure was limited to a review of the decision itself. If the claimant wanted to appeal the decision he … Continue reading Beltekian v Westminster City Council: CA 8 Dec 2004
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
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
Citations: [2003] UKSSCSC CH – 5130 – 2002 Links: Bailii Statutes: Housing Benefit (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 25 September 2022; Ref: scu.197282
Citations: [2003] UKSSCSC CH – 5125 – 2002 Links: Bailii Statutes: Housing Benefit (General) Regulations 19877 Jurisdiction: England and Wales Benefits Updated: 25 September 2022; Ref: scu.197278
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
Citations: [2004] EWCA Civ 101 Links: Bailii Statutes: Housing Benefit (General) Regulations 1987 Jurisdiction: England and Wales Housing, Benefits Updated: 07 September 2022; Ref: scu.194132
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
Notional Capital: deprivation Citations: [2009] UKUT 145 (AAC) Links: Bailii Statutes: Income Support (General) Regulations 1987, Housing Benefit Regulations 2006, Council Tax Benefit Regulations 2006 Jurisdiction: England and Wales Benefits Updated: 04 August 2022; Ref: scu.375701
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
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
Housing Benefit Citations: [2005] UKSSCSC CH – 2258 – 2004 Links: Bailii Statutes: Housing Benefit (General) Regulations 1987 10(2)(a) Benefits Updated: 30 June 2022; Ref: scu.225929
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
The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental. Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial … Continue reading Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 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
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
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 claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006
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
The claimant sought judicial review of the redetermination of housing benefits payable in respect of two flats rented out by him. The rent office said that the regulations were merely intended to put in statute form the previous practice used when identifying the ‘locality’ fro comparable lettings. Judges: Gilbart QC J Citations: [2006] EWHC 2478 … Continue reading Heffernan, Regina (on the Application of) v the Rent Service: Admn 10 Oct 2006
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
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
Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
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
The claimant had been in receipt of housing benefit. He had gone into a care home on a temporary trial basis. The council ceased to pay his benefit immediately. Held: The benefit continued during the thirteen week trial period. The claimant had to maintain his home for so long as the residence remained a trial … Continue reading Secretary of State for Work and Pensions v Selby District Council and Another: CA 13 Feb 2006
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
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