Articles tagged Benefits
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 Housing Benefit and Council Tax Benefit. He was found to have been in [...]
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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.Â
This is a judicial review that essentially turned on whether a local housing authority has a duty to provide a homeless applicant with rent-free accommodation where that [...]
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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 benefit; (b) considered by the authority to be in need of [...]
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Eligibility for benefits
Once again the issue of an applicant?s eligibility for benefits has come before the courts in Sylwia Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310. I am sure that all those with an interest in housing law will appreciate the importance of entitlement to benefits for many people within this [...]
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Access to benefits and proportionality
While Zalewska v Department for Social Development (Northern Ireland) [2008] UKHL 67 is not a housing case as such, I hope that many of our readers will still find this useful and interesting. It is the second time in a fortnight (after RJM) that the House of Lords has had to consider whether UK legislation preventing someone [...]
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Rough Sleepers, Rough Justice
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63
This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough sleepers, but has some important implications in much broader areas, [...]
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What is a locality?
R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UK 58 concerns the meaning of locality in para 4(6) of Part 1 Schedule 1 Rent Officers (Housing Benefit Functions) Order 1997.
Locality serves to define the area by reference to which the Local Reference Rent was established and hence the level of [...]
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HB as rent for RTB
Hanoman v London Borough of Southwark [2008] EWCA Civ 624
Where a local authority landlord has failed to respond to a tenant’s notice in time under the Right to Buy procedure, the tenant can serve an ‘operative notice of delay’ under s.153A(5) Housing Act 1985. The effect of this notice is that the landlord must deduct from the purchase [...]
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Discretionary Housing Payments
A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments.
The applicant had applied for a DHP to cover rent arrears, being at risk of losing her home. She was refused as
i) she was in receipt of [...]
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