Section: Housing Benefit
Delay Led to Eviction
Miss P had two children and was a tenant of Leicester City Council. Payment of her Housing Benefit ceased on 31 July 2001 because the Council had not received a fully completed application with supporting documents.
The Council had experienced computer software problems, and a backlog of work built up. A Notice of Seeking Possession was served by the Council on the ground of rent arrears. Miss P applied for backdated Benefit on 21 March 2002.
Housing Benefit was again suspended from 2 September 2002 after an abortive visit by a Verification Officer. Miss P was evicted on 2 December 2002. She and her family had to move several times after the eviction.
The Council refused her claim for backdated Benefit on 27 March 2003 and she appealed. On 1 October 2003 the Council found Miss P to be homeless intentionally, and that decision was upheld at review.
Following guidance from the Department of Work and Pensions, the Council reviewed a number of Benefit claims, including Miss P's, and awarded her Housing Benefit from 2 September 2002.
The Council sent the appeal papers to the Tribunal Service on 19 January 2004. On 28 April 2004 the Tribunal said that backdated Benefit should be allowed from 30 July 2001. Miss P then made another homelessness application and the Council has now rehoused her.
The Ombudsman finds maladministration and recommends that the Council:
- Pays £3,000 to the complainant.
- Reviews its procedures.
- Credits court and enforcement costs to Miss P's rent account.
Ombudsman Report No. 03/B/13808
New Regulations
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The Rent Officers (Housing Benefit Functions) (Student Accommodation) Amendment Order 2004 SI 2101
This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997, which confer on Rent Officers functions in relation to the determination of eligible rent for the purposes of claims for Housing Benefit under Part VII of the Social Security Contributions and Benefits Act 1992.
This Order amends the definition of assured tenancy in each of the 1997 Orders, to include within that definition tenancies granted to students, in particular by educational institutions, so that a Rent Officer may take account of rent levels in student accommodation when making determinations for the purposes of those Orders.
The Regulations came into force on 31 August 2004.
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The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 2004 SI 2303
These Regulations further amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814). They come into force on 4 and 6 October 2004.
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The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Misc. Amendments) Regulations 2004 SI 2327
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