Articles tagged Benefits

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Notification of Nothing

14 Feb 2010 By David Smith Housing Law

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 London Borough of Croydon of a change in circumstances that she knew would [...]

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Housing benefit: Two decisions

1 Feb 2010 By Dave@nearlylegal Housing Law

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 January 2010)) and the Tribunal’s approach to appeal grounds (HN v London [...]

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Housing benefit: Two decisions

1 Feb 2010 By Dave@nearlylegal Housing Law

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 January 2010)) and the Tribunal’s approach to appeal grounds (HN v London [...]

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Heffernan v The Rent Service (Again)

24 Jan 2010 By David Smith Housing Law

The High Court has considered the issue of the calculation of reference rents for the purposes of housing benefit.

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How to claim Housing Benefit without mentioning it

3 Dec 2009 By Nearly Legal Housing Law

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 status on 6 May 2004, having claimed asylum in 1999. She was notified [...]

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Accidental overpayments not recoverable

15 Oct 2009 By Nearly Legal Housing Law

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 security benefits where the overpayment came about through misrepresentation or failure to [...]

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How many weeks make 8?

9 Oct 2009 By Nearly Legal Housing Law

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 purposes of the landlord applying to the Benefit Authority for [...]

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Not on its behalf…

6 Sep 2009 By Nearly Legal Housing Law

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 Tribunal. What was at issue was the calculation of awards of housing [...]

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Right to buy and Housing Benefit rebates in the Lords

10 Jun 2009 By Nearly Legal Housing Law

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 tenant. Southwark had failed to serve a counter notice to Mr Hanoman’s s.122 [...]

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Straws in the wind

22 May 2009 By Chief Housing Law

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 on 11 April 2006.  Her claim was rejected on the ground [...]

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