Scrivner, R (on the application of) v Attorney General & Ors

The applicable amount in housing benefit legislation is a figure used to assess income and calculate entitlement. It is not a separate sum payable in addition to housing benefit. Claims for financial support under other benefit schemes cannot be pursued against a local authority lacking responsibility for those schemes.

The claimant sought permission to appeal from the decision of Stanley Burnton J, who had rejected her application for judicial review of two decisions of the Basildon District Council Housing Benefit Review Board. Her complaint was that the applicable amount calculated for her and her husband should have been paid in addition to their housing benefit. She also raised issues concerning Department of Social Security records and other financial support.

The central issue was whether the applicable amount represented an additional benefit payable to the claimant.

1. Permission refused. Lord Justice Buxton found no grounds for complaint against the decision of Stanley Burnton J or the Review Board.
2. Under Social Security Contributions and Benefits Act 1992, s 130, the applicable amount is part of the statutory calculation used to determine whether income affects the amount of housing benefit payable. It is not itself an entitlement or an additional payment. The claimant had been awarded housing benefit equal to the whole rent.
3. There was no need to investigate alleged failures by the Department of Social Security to produce records. The complaint concerned the local authority’s housing benefit decision, and the claimant did not challenge the actual calculation of the housing benefit element.
4. Any entitlement to financial assistance for daily needs outside housing benefit arose under other schemes, not controlled by the local authority. Such claims could not be pursued against Basildon in these proceedings.

Permission to appeal was not granted.

• Court of Appeal (Civil Division): permission to appeal refused from the decision of Stanley Burnton J dated 11 May 2001.
• High Court of Justice, Queen’s Bench Division, Administrative Court: the application for judicial review was rejected.