Section: Housing Benefit & Council Tax

Mental Health Problems Not Adequately Considered

A report from Local Government Ombudsman, Jerry White concludes that Exeter City Council made a woman bankrupt for unpaid Council Tax without making proper enquiries into her health problems.

In his report, the Ombudsman says:

"I am very pleased to note that the Council has undertaken to pursue an annulment of the Bankruptcy Order, bearing any necessary costs itself. These are currently estimated at £10,000.
I regard this proposed action as a suitable way of settling the complaint."

Miss B suffered from untreated mental and physical health problems, and owed the Council a significant sum in arrears of unpaid Council Tax. Her mother complained that that the Council had made her daughter bankrupt without giving proper consideration to her vulnerability, as her daughter had been incapable of dealing with her own financial affairs at the time the arrears had accrued.

The Ombudsman found that the Council had pursued this debt over a number of years without making adequate enquiries into the debtor's health problems to determine whether this was a suitable course of action, although in 2001 she had told the Council that she was terminally ill.

The Ombudsman criticised the Council for:

Failing to have adequate written procedures to include standard checks at an early stage as to whether the debtor's personal circumstances made bankruptcy proceedings inappropriate.
Failing to make such enquiries.
Failing to keep a clear written record of the way its decisions were made.

However, Miss B's reclusive behaviour, while apparently a function of her mental health problems, would not have helped the Council in making these enquiries, and the Ombudsman was not able to say clearly that the Council would not have sought her bankruptcy even without maladministration.

Local Government Ombudsman Report 08 002 300

New Regulations

Source: Office of Public Sector Information

The Social Security (Habitual Residence) (Amendment) Regulations 2009 SI 362

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker�s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794).

The income-related benefit regulations provide that a person is ineligible for benefit where he or she is a "person from abroad", or "a person not in Great Britain", for the purposes of the State Pension Credit Regulations, that is to say where he or she is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, subject to a list of exceptions.

The amendments made by these Regulations insert a new category into the list of persons who are excepted from having to satisfy the habitual residence test. The amendments exempt a person who: arrived in Great Britain on or after 28 February 2009, but before 18 March 2011; immediately before arriving in the United Kingdom had been resident in Zimbabwe; and, before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist him or her to move to and settle in the United Kingdom.

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The Social Security Benefits Up-rating Order 2009 SI 497

This Order is made as a consequence of a review under section 150 of the Social Security Administration Act 1992 and includes details of the sums mentioned in that section.

The Order is also made as a consequence of a review under section 150A of the Administration Act and includes details of the sums mentioned in subsection (1)(d) of that section.

Part 3 of the Order relates to Income Support, Housing Benefit and Council Tax Benefit:

Article 16 states the amount of sums relevant to the applicable amount for the purposes of Income Support. Article 16(3) and Schedule 2 set out the personal allowances; article 16(4) and (5) and Schedule 3 set out the premiums and article 16(7) and Schedule 4 set out other miscellaneous amounts.
Article 17 provides for the percentage increase of sums payable by way of special transitional additions to Income Support.
Article 18 states the sum by which any Income Support of a person involved in a trade dispute is reduced.
Article 19 states the amount of the sums relevant to the applicable amount for the purposes of Housing Benefit. Article 19(7) and Schedule 5 set out the personal allowances and article 19(9) and Schedule 6 set out the premiums.
Article 20 states the amount of the sums relevant to the applicable amount for the purposes of Housing Benefit for certain persons over the qualifying age for state pension credit. Article 20(7) and Schedule 7 set out the personal allowances and article 20(8) and (9) and Schedule 8 set out the premiums.
Article 21 states the amount of the sums relevant to the applicable amount for the purposes of Council Tax Benefit. Article 21(4) and Schedule 9 set out the personal allowances and article 21(5) and (6) and Schedule 10 set out the premiums.
Article 22 states the amount of the sums relevant to the applicable amount for the purposes of Council Tax Benefit for certain persons over the qualifying age for state pension credit. Article 22(4) and Schedule 11 set out the personal allowances and article 22(5) and (6) and Schedule 12 set out the premiums.

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The Social Security (Miscellaneous Amendments) Regulations 2009 SI 583

These Regulations amend a number of different Regulations relating to social security, including Housing Benefit and Council Tax Benefit.

The Regulations are too detailed and specific to be summarised.

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The Housing Benefit (Amendment) Regulations 2009 SI 614

These Regulations amend the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Regulation 2 amends the Housing Benefit Regulations 2006. Paragraph (3) amends regulation 13D which sets out how a maximum rent (LHA) is to be calculated. Paragraph (2) of that regulation is amended so that the appropriate category of dwelling to which a claimant is entitled is limited to a maximum of five bedrooms.

Paragraph (2) inserts regulation 12L which provides transitional protection of up to 26 weeks for certain claimants whose Housing Benefit is calculated by reference to a local housing allowance rate for a property with six or more bedrooms.

Regulation 3 makes equivalent amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Section: Housing Benefit & Council Tax

Mental Health Problems Not Adequately Considered

New Regulations

Legal Update

Reporting on Feb-Apr 2009

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