Secretary Of State For Work & Pensions v Robinson & Anor

Regulation 65(1) of the Housing Benefit (General) Regulations 1987 establishes the general commencement rule for a new housing benefit claim. Where a claimant makes a claim before becoming eligible, the claim is treated as made when all eligibility conditions are first satisfied, with benefit beginning in the following benefit week.

Regulation 65(2) is a limited exception. It applies only where first liability to pay rent and otherwise-entitlement to benefit occur in the same benefit week. It therefore assists a new tenant who becomes liable and occupies the property during the same week, but not a claimant whose liability began before occupation.

Michelle Robinson took a tenancy on 11 March 2002 and became liable for rent, but did not move into the property until 20 March. She claimed housing benefit on the day the tenancy began.

A housing benefit officer awarded benefit from 25 March. An appeal tribunal instead allowed the claim by relying on regulation 5(6), but the Social Security Commissioner, Commissioner Levenson, set aside that decision on 15 April 2003. He concluded that regulation 65(2) entitled Robinson to benefit from the week commencing 18 March. The Secretary of State appealed, raising the construction and application of regulation 65(2), and the proper commencement date under regulation 65(1).

Appeal allowed unanimously. Ward LJ gave the principal judgment, Dyson LJ agreed with his reasoning, and Sir Christopher Staughton agreed with the result and their analysis.

1. Under section 130(1)(a) of the Social Security Contributions and Benefits Act 1992, liability to make payments and occupation of the dwelling as the claimant’s home are cumulative eligibility requirements. Robinson was liable from 11 March but continued to occupy her former accommodation as her home during that benefit week. She became otherwise entitled only after moving into the new property on 20 March.
2. Regulation 65(1) of the Housing Benefit (General) Regulations 1987 states the general rule. Regulation 65(2) is an exception and applies only where the claimant first becomes liable to make payments for the dwelling in the same benefit week in which the claimant is otherwise entitled to housing benefit. The first liability here arose on 11 March, before Robinson became otherwise entitled, so regulation 65(2) did not apply.
3. For regulation 65(1), the claim was to be treated as made when Robinson first satisfied all eligibility conditions, namely on 20 March. Benefit therefore commenced in the following benefit week, Monday 25 March. This construction avoided requiring successive claims while preserving the purpose of the regulation.
4. Regulation 5(6)(c)(ii) could not assist Robinson because she had no children and her applicable amount contained none of the relevant premiums. The tribunal had therefore erred in law, and the Commissioner had also erred in applying regulation 65(2).

The formal entitlement date was 25 March. Robinson had already received the benefit paid from 18 March, and no order as to costs was made.

• Court of Appeal (Civil Division): In [2004] EWCA Civ 342, the Secretary of State’s appeal was allowed. Benefit was formally payable from 25 March 2002.
• Social Security Commissioner: Commissioner Levenson set aside the appeal tribunal’s decision but held that regulation 65(2) entitled Robinson to benefit from the week commencing 18 March 2002.
• Appeal Tribunal: On a paper appeal, the tribunal allowed Robinson’s appeal by relying on regulation 5(6), which was later found not to apply.