Section: Housing Benefit

Case Law Update

R(Gargett) v Lambeth LBC [2008] EWCA Civ 1450

Ms Gargett's rent was paid directly to her housing association landlords by Lambeth in the form of 100% Housing Benefit (HB).

When the rent was increased, Lambeth was not informed and continued paying Benefit at the old rate. Arrears accrued.

When notice was given of the earlier increase, full benefit was paid to meet the new rent. Ms Gargett applied to Lambeth for a Discretionary Housing Payment (DHP) to clear the arrears.

The Council decided that it had no discretion to pay a DHP when full HB was currently in payment.

A High Court judge dismissed a claim for Judicial Review but the Court of Appeal allowed an appeal. The Council had misconstrued the Regulations and did have discretion to pay a DHP in the circumstances.

New REgulations

Source: Office of Public Sector Information

The Housing Benefit and Council Tax Benefit (Amendment) (No. 3) Regulations 2008 SI 2987

These Regulations amend the:

Regulation 2 amends the Housing Benefit Regulations 2006. Paragraph (2) amends regulation 83 so that where a claim for Housing Benefit is made through the Department for Work and Pensions, the Secretary of State may request that the claimant provides the relevant authority with the necessary information to properly complete the claim.

Paragraph (3) amends regulation 86 to allow the Secretary of State to request that where a claimant receiving Income Support or Jobseeker's Allowance notifies a change of circumstances relating to the starting of employment, the claimant provides the local authority with any information or evidence that the Secretary of State considers that the local authority will require to determine the claim.

Paragraph (4) amends regulation 88 to allow a claimant who is receiving Income Support or Jobseeker's Allowance to notify the Secretary of State about a change of circumstances relating to the starting of employment where a telephone number has been provided for that purpose.

Regulations 3, 4 and 5 make similar amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

The Rent Officers (Housing Benefit Functions) Amendment (No. 2) Order 2008 SI 3156

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997.

Article 2 amends the Rent Officers (Housing Benefit Functions) Order 1997. Paragraph (2) amends article 4B(3A) to clarify that the Local Housing Allowance determination takes effect on the first day of the month.

Paragraph (3) amends Schedule 1. In paragraph 4, it substitutes for the definition of "locality" a new definition of "broad rental market area (local reference rent)". It also makes amendments to paragraphs 4 and 5 to replace references to "locality" with "broad rental market area (local reference rent)".

Paragraph (4) substitutes a new definition of "broad rental market area" in Schedule 3B that is in similar terms to the new definition of "broad rental market area (local reference rent)" in Schedule 1.

Article 3 makes equivalent amendments to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997.

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2009 SI 30

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998, which provides for the calculation and payment of Housing Benefit and Council Tax Benefit subsidy to local authorities in England, Wales and Scotland which administer those benefits. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 authorise the making or varying of an Order before, during or after the year to which it relates.

Article 2 amends Part 2 of the 1998 Order, which is concerned with claims for and payment of subsidy. It amends article 6(1)(a) (requirement of audit). It changes the date by which authorities must ensure that their final subsidy claim is audited by their auditor from 31st December in each year to 30th November. This change has effect from 1st April 2007.

Article 3 substitutes Schedule 1 to the 1998 Order. It substitutes the figures to be used in the calculation of subsidy which are outlined in the Schedule to this Order, for those in Schedule 1 to the 1998 Order. This change has effect from 1st April 2008.

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