Terms & Conditions

[jamcon]

Just saw this on the Lawtel site. Not sure this is a common occurence, but it is interesting anyway. The full transcript doesn’t seem to be available as yet.

HALL v CHICHESTER DISTRICT COUNCIL (2007)

QBD (Admin) (Stanley Burnton J) 19/1/2007

SOCIAL SECURITY – HUMAN RIGHTS – LOCAL GOVERNMENT

HOUSING BENEFIT : LOCAL AUTHORITIES’ POWERS AND DUTIES : PAYMENTS : SUSPENSION : TERMINATION : PAYMENT : SUSPENSION OR TERMINATION OF HOUSING BENEFIT : POWER OF LOCAL AUTHORITY TO PAY HOUSING BENEFIT PENDING AN APPEAL : reg.13 HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001 : reg.14 HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001 : Art.3 EUROPEAN CONVENTION ON HUMAN RIGHTS : Art.6 EUROPEAN CONVENTION ON HUMAN RIGHTS : Art.7 EUROPEAN CONVENTION ON HUMAN RIGHTS : HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001 : reg.4(1)(c) HOUSING BENEFIT AND COUNCIL TAX BENEFIT (DECISIONS AND APPEALS) REGULATIONS 2001

A local authority had no discretion under the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 to make housing benefit payments to an individual pending the outcome of an appeal against the local authority’s decision to terminate her entitlement to housing benefit where there had been a lawful suspension or termination of housing benefits payment.

The claimant (H) applied for judicial review of the decision of the defendant local authority to refuse to pay her housing benefit pending an appeal against the local authority’s decision to terminate payment of her housing benefit. The local authority had suspended payment of H’s housing benefit pursuant to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 reg.13 for allegedly failing to furnish information pertinent to her entitlement to housing benefit or to satisfy the local authority that the information did not exist. The local authority subsequently terminated payment of H’s payment pursuant to reg.14 of the Regulations. H unsuccessfully appealed against the termination to an appeal tribunal and at the date of the instant of the instant hearing H’s application for permission to appeal to a Commissioner had not been determined. The instant hearing was disposed of on the assumption that the local authority’s request for information was lawful. H contended that (1) the local authority had a discretionary power to continue to pay her housing benefit pending the ultimate outcome of her appeal and should have done so. H further contended that (2) her rights under the European Convention on Human Rights 1950 Art.3, Art.6 and Art.7 had been breached. The local authority contended that it had no discretion to make any payment, and that if it did have such a discretion its refusal had been a lawful exercise of its discretion.

HELD: A local authority had no discretion under the Regulations to make housing benefit payments to H pending the outcome of her appeal against the local authority’s decision to terminate her entitlement to housing benefit. Regulation 14(1) of the Regulations stated that “a person in respect of whom payment of benefit had been suspended … ceased to be entitled to the benefit from the date on which the payment was suspended…” Accordingly, it was clear from the language used that in circumstances where there was a lawful suspension that was subject to an appeal, no right to housing benefit existed. If an individual’s appeal succeeded a Commissioner would order back-payment of housing benefit to which the individual was entitled. The local authority did have the power, pending H’s appeal, under reg.4(1)(c) of the Regulations to revise its original decision to suspend, but it had good reason for not doing so as it was satisfied that is original decision was correct because H had failed to provide information. The fact that an individual would lose his home if payment of housing benefit was terminated did not in itself require a local authority to revise its decision. (2) H’s rights under the Convention had not been breached.

Application refused.

Counsel:
For the claimant: In person
For the defendant: Saima Hanif

Solicitors:
For the defendant: Local authority solicitor

LTL 19/1/2007 EXTEMPORE (Unreported elsewhere)

Document No. AC9501428

[Anonymous]

It’s the conclusion to this:

[url]https://hbinfo.org/forum/viewtopic.php?t=7982[/url]

[emmadring]

It will be reported, but as it was only heard on Friday it might be a little while!

Based on previous actions, it would not be surprising if a further appeal was requested.

[emmadring]

A further appeal has been requested.

[Author]

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