Scrivner, R (on the application of) v Attorney General & Ors [2001] EWCA Civ 1488 (8 October, 2001)

Scrivner, R (on the application of) v Attorney General & Ors [2001] EWCA Civ 1488 (8 October, 2001)

The applicable amount is a threshold for assessing entitlement to housing benefit, not an additional payment; since Mrs Scrivner received housing benefit covering her full rent, no further sums were due from the local authority.

Citation
[2001] EWCA Civ 1488
Parties
Claimant/applicant: Carole Scrivner; Defendant/respondent: Attorney-General; Defendant/respondent: Secretary of State for Social Security; Defendant/respondent: Basildon District Council; Defendant/respondent: Basildon District Council Housing Benefit Review Board
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Application / Application for Permission to Appeal From High Court Decision
Outcome
Permission to appeal refused
Legal Topics
Housing Benefit, Applicable Amount, Judicial Review, Local Authority Powers
Administrative Law Social Security Law Housing Benefit Applicable Amount Judicial Review Local Authority Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Carole Scrivner

Claimant/applicant

Attorney-General

Defendant/respondent

Secretary of State for Social Security

Defendant/respondent

Basildon District Council

Defendant/respondent

Basildon District Council Housing Benefit Review Board

Defendant/respondent

Procedural Posture

Judicial Review Application / Application for Permission to Appeal From High Court Decision

Legal Issues

  1. 1 Whether the applicant was entitled to receive the 'applicable amount' in addition to housing benefit
  2. 2 Whether the calculation and payment of housing benefit by Basildon District Council was correct under the law

Ratio Decidendi

The applicable amount is a threshold for assessing entitlement to housing benefit, not an additional payment; since Mrs Scrivner received housing benefit covering her full rent, no further sums were due from the local authority.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is dismissed
  • No further proceedings against Basildon District Council regarding housing benefit entitlement