LB Croydon v Shanahan [2010] EWCA Crim 98 Ms Shanahan was tried on three offences under section 111A(1A) of the Social Security Administration Act 1992. These were: Count 1 between 24 June 2004 and 12 December 2006, she dishonestly failed to notify the...
Housing benefit: Two decisions
Two HB decisions from the Upper Tribunal, Administrative Appeals Chamber have appeared, which are interesting because they demonstrate the approach of the Tribunal to the construction of the HB Regs (Torbay Borough Council v RF [2010] UKUT 7 (AAC) (14...
Heffernan v The Rent Service (Again)
The High Court has considered the issue of the calculation of reference rents for the purposes of housing benefit.
How to claim Housing Benefit without mentioning it
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 Just a brief note on this appeal from the Social Security Commissioners. At issue was what could constitute a claim for housing benefit, albeit a 'defective' claim. Ms N was granted refugee...
Accidental overpayments not recoverable
Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWCA Civ 1058 This is a benefits case rather than housing per se, but it concerns an important point which will affect many. An overpayment of social...
How many weeks make 8?
Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009. A copy of the decision is currently available here and a gloss here. This was an appeal of a review decision addressing at what point a tenant is in 8 weeks arrears for the...
Not on its behalf…
S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal...
Right to buy and Housing Benefit rebates in the Lords
The House of Lords opinions in Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 were handed down today. This was Southwark's appeal of a Court of Appeal judgment we noted here. Briefly, Mr Hanoman was a Southwark secure...
Straws in the wind
Yesiloz v London Borough of Southwark [2009] EWCA Civ 415 was concerned with whether a Turkish asylum seeker was entitled to housing benefit. Ms Yesiloz arrived in the UK in the late 1990s and claimed asylum. She moved into premises in Camden and claimed HB...
But I was getting Jobseekers…
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...
Duty to provide rent-free accommodation?
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...
Discretionary Housing Payments
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...