Tag Archive for 'housing benefit'

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But I was getting Jobseekers…

By NL on 12/05/2009. 0 Comments

R (Prince) v Social Security Commissioners & SoS for the DWP & London Borough of Southwark (Interested parties)[2009] EWHC 1181 (Admin) concerns what can only be described as a bit of a chancer.

Mr Prince had claimed Jobseekers Allowance. He had also claimed Housing Benefit and Council Tax Benefit. He was found to have been in paid employment for 20 months while claiming JSA. The DWP told Southwark, who then found he had been overpaid £1000 HB etc.

Mr Prince attempted to appeal Southwark’s decision to the Social Security Tribunal who dismissed the appeal. The Social Security Commissioners refused leave to appeal and Mr P sought JR of that … Read the full post

Posted in Benefits, FLW case note and Housing law - All. Tags: , , , .

Duty to provide rent-free accommodation?

By chief on 02/04/2009. 0 Comments

R (Best) v Oxford City Council [2009] EWHC 608 (Admin), [2009] All ER (D) 252, noted on this week’s Garden Court Housing Law Bulletin, but not yet on BAILII. 

This is a judicial review that essentially turned on whether a local housing authority has a duty to provide a homeless applicant with rent-free accommodation where that applicant is on income support, but cannot access housing benefit.

A potted history – A, B,  C, 1, 2, 3…

Ms Best, who has two young children, has a fairly eventful history with Oxford City Council.  Prior to that she lived in Property 1, which, along with her three siblings she inherited a share in.  … Read the full post

Posted in Benefits, FLW case note, Homeless and Housing law - All. Tags: , , .

Discretionary Housing Payments

By J on 20/12/2008. 6 Comments

R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin).

A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax benefit;  (b) considered by the authority to be in need of “further assistance” with “housing costs” and (c) who applies for a DHP.

There is a fixed limit which any local housing authority can spend on DHPs in any given year and that limit cannot be exceeded.  See s.69 Child Support, Pensions and Social Security Act 2000 and the Discretionary Financial Assistance Regulations 2001.… Read the full post

Posted in Benefits, FLW case note and Housing law - All. Tags: , , , .

Views and news from Hlpa meeting

By NL on 17/09/2008. 2 Comments

The Hlpa meeting tonight (17/9/08) was a particularly interesting one, on the topic of disrepair. Talks were from Mel Cairns, Andrew Brookes of Anthony Gold and Marina Sergides of Garden Court.

Among the end of meeting news items were:

  • The current intent is that the main body of the Housing & Regeneration Act, including the tolerated trespasser provisions, will come into force on 6 April 2009.
  • New Housing Benefit regs coming into force on 6 October 2008 mean that HB backdating claims can only be made for 6 months (for those of working age) and 3 months (for pensioners). Not good news.

There were a few surprises for me arising … Read the full post

Posted in Benefits, Disrepair and Housing law - All. Tags: , , , , .

What is a locality?

By NL on 03/08/2008. 1 Comment

R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UK 58 concerns the meaning of locality in para 4(6) of Part 1 Schedule 1 Rent Officers (Housing Benefit Functions) Order 1997.

Locality serves to define the area by reference to which the Local Reference Rent was established and hence the level of Housing Benefit. As the definition of locality is effectively the same for the new system of Local Housing Allowances, the issue is still of importance.

The appeal was from a Court of Appeal judgment upholding a rent officers determination that a locality could be the whole of Sheffield, with outlying rural areas.

Para 4(6) … Read the full post

Posted in Benefits, FLW case note and Housing law - All. Tags: , , , .

HB as rent for RTB

By NL on 16/06/2008. 1 Comment

Hanoman v London Borough of Southwark [2008] EWCA Civ 624

Where a local authority landlord has failed to respond to a tenant’s notice in time under the Right to Buy procedure, the tenant can serve an ‘operative notice of delay’ under s.153A(5) Housing Act 1985. The effect of this notice is that the landlord must deduct from the purchase price an amount based on the rent paid during the period of the delay (s.153B).

Does housing benefit, whether as payment, or as rebate on rent payable to local authority, count as rent for the purposes of s.153B?

Simple answer – yes. S.153B makes no prescription as to the source of rent … Read the full post

Posted in Benefits, FLW case note, Housing law - All and right-to-buy. Tags: , , , .

Discretionary Housing Payments

By NL on 09/04/2008. 0 Comments

A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments.

The applicant had applied for a DHP to cover rent arrears, being at risk of losing her home. She was refused as

i) she was in receipt of full housing benefit.

ii) the arrears built up during a period when she was not in receipt of HB and that “therefore Housing Benefit may not be awarded as in accordance with the Discretionary Financial Assistance Regulations 2001: 2(1) and (3)”.

The applicant contended that:

(1) The Council fettered its discretion and … Read the full post

Posted in Benefits, FLW case note, Housing law - All and secure-tenancy. Tags: , , , .
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